PROTECTION OF ENDANGERED SPECIES OF ANIMALS

advertisement
PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE
- CHAPTER 586
Long title
An Ordinance to give effect in Hong Kong to the Convention on International Trade in Endangered
Species of Wild Fauna and Flora signed in Washington D.C. on 3 March 1973; to regulate the import,
introduction from the sea, export, re-export, and possession or control of certain endangered species of
animals and plants and parts and derivatives of those species; and to provide for incidental and
connected matters.
[1 December 2006] L.N. 206 of 2006
(Originally 3 of 2006)
1. Short title
PART 1
PRELIMINARY
(1) This Ordinance may be cited as the Protection of Endangered Species of Animals and Plants
Ordinance.
(2) (Omitted as spent)
2. Interpretation
(Past version on 01/12/2006).
For the saving and transitional provisions relating to the amendments made by the Resolution of the
Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.
(1) In this Ordinance, unless the context otherwise requires—
"advertisement" (廣告), in relation to a specimen of a scheduled species, means any form of
advertising that describes, makes reference or alludes in any other way to that scheduled species or
specimen—
(a) whether directly or indirectly;
(b) whether orally, in writing in any language, diagrammatically, pictorially, by the use of symbols
or photographs, or in any combination of them; and
(c) whether or not the common name or the scientific name, or both, of
that scheduled species or specimen appears in the advertisement;
"Appendices" (《附錄》) means Appendix I, Appendix II and Appendix III;
"Appendix I" (附錄I) means column 1 of Part 2 of Schedule 1;
"Appendix I species" (附錄I物種) means a species, or a species included in
a higher taxon, as specified in Appendix I;
"Appendix II" (附錄II) means column 2 of Part 2 of Schedule 1;
"Appendix II species" (附錄II物種) means a species, or a species included in a higher taxon, as
specified in Appendix II;
"Appendix III" (附錄III) means column 3 of Part 2 of Schedule 1;
"Appendix III species" (附錄III物種) means a species, or a species included in a higher taxon, as
specified in Appendix III;
"appropriate and acceptable destination" (適當和可接受的目的地) has the meaning assigned to it in
Part 1 of Schedule 3;
"artificially propagated" (人工培植) has the meaning assigned to it in Part 1 of Schedule 3;
"authorized officer" (獲授權人員) means—
(a) a person holding an office specified in Schedule 1 to the Customs and Excise Service Ordinance
( Cap 342); or
(b) a public officer authorized by the Director under section 27;
"bred in captivity" (圈養繁殖) has the meaning assigned to it in Part 1 of Schedule 3;
"certificate in lieu" (代用證明書), in relation to a specimen of a scheduled species brought into Hong
Kong from a place outside Hong Kong, means a certificate of captive breeding or of artificial
propagation—
(a) that is issued by a relevant authority of that place in respect of that specimen and remains in
force when relied on to show compliance with this Ordinance; and
(b) that conforms to the provisions applicable to such a certificate in Part 2 of Schedule 3;
"commercial purposes" (商業目的) means—
(a) a purpose relating to trade or business; or
(b) a purpose of obtaining profit or other economic benefit
(whether in cash or in kind) and directed towards sale, resale, exchange, provision of a service or other
form of economic use or benefit, whether direct or indirect, and "non-commercial purposes"
(非商業目的) shall be construed accordingly;
"Conference of the Parties" (締約國大會) means the Conference of the Parties provided for in the
Convention;
"Convention" (《公約》) means the Convention on International Trade in Endangered Species of
Wild Fauna and Flora signed in Washington D.C. on 3 March 1973, as amended from time to time and
as applied to Hong Kong;
"Convention certifying document" (《公約》證明文件), in relation to a specimen of a scheduled
species brought into Hong Kong from a place outside Hong Kong, means a permit, certificate or other
document—
(a) that is issued by a relevant authority of that place in respect of that specimen and remains in
force when relied on to show compliance with this Ordinance; and
(b) that conforms to the provisions applicable to such a permit, certificate or other document, as the
case may be, in Part 2 of Schedule 3;
"Convention instrument" (《公約》文書) means a resolution, decision or notification adopted or
made by the Conference of the Parties, or issued by the Secretariat, in relation to the Convention;
"Director" (署長) means the Director of Agriculture, Fisheries and Conservation, the Deputy Director
of Agriculture, Fisheries and Conservation or an Assistant Director of Agriculture, Fisheries and
Conservation;
"export" (出口) means to take, or cause to be taken, out of Hong Kong but does not include to reexport;
"former licence" (前許可證) means a licence within the meaning of section 7 of the repealed
Ordinance;
"import" (進口) means to bring, or cause to be brought, into Hong Kong but does not include to
introduce from the sea;
"in transit" (過境) has the meaning assigned to it in section 3;
"introduce from the sea" (從公海引進) means to bring, or cause to be brought, into Hong Kong
directly from a marine environment that is not under the jurisdiction of any state;
"part or derivative" (部分或衍生物) includes any readily recognizable part or derivative within the
meaning assigned to it in Part 1 of Schedule 3;
"Party" (締約國) means a Contracting Party to the Convention and includes a place to which the
Convention applies;
"pre-Convention certificate" (《公約》前證明書), in relation to a specimen of a scheduled species,
means a certificate—
(a)
that is issued by a relevant authority in respect of that specimen and remains in force when
relied on to show compliance with this Ordinance; and
(b) that conforms to the provisions applicable to such a certificate in Part 2 of Schedule 3;
"re-export" (再出口), in relation to a specimen of a scheduled species, means to take, or cause to be
taken, out of Hong Kong that specimen after it has been imported;
"relevant authority" (有關主管當局)—
(a) in relation to a place to which the Convention applies, means a Management Authority
designated for that place under the Convention;
or
(b) in relation to any other place, means any person or organization designated as a competent
authority by the government of that place for the purposes of registering scientific institutions, or of
issuing documentation—
(i) that is comparable to a document required to be produced or surrendered under this
Ordinance; and
(ii) that conforms substantially to the provisions applicable to that document in Part 2 of
Schedule 3;
"repealed Ordinance" (已廢除條例) means the Animals and Plants (Protection of Endangered
Species) Ordinance ( Cap 187) repealed by section 54;
"scheduled species" (列明物種) means an Appendix I species, Appendix II species or Appendix III
species;
"scientific institution" (科學機構)—
(a) in the case of an institution established in Hong Kong, means a scientific institution that is
registered in accordance with regulations made by the Secretary under section 53; or
(b)
in the case of an institution established in a place outside Hong Kong, means a scientific
institution that is registered by a relevant authority of that place and has been acknowledged
by the Secretariat as being so registered;
"Secretariat" (秘書處) means the Secretariat provided for in the Convention;
"Secretary" (局長) means the Secretary for the Environment; (Amended L.N. 130 of 2007)
"species" (物種) means any species or subspecies of an animal or plant, or any geographically separate
population of such species or subspecies;
"specified form" (指明表格) means a form specified under section 51;
"specimen" (標本) means—
(a) any animal or plant, whether live or dead;
(b) in the case of an animal of an Appendix I species or Appendix II species, any part or derivative
of the animal;
(c) in the case of an animal of an Appendix III species, any part or derivative of the animal
designated in Appendix III in relation to that species;
(d) in the case of a plant of an Appendix I species, any part or derivative of the plant; or
(e) in the case of a plant of an Appendix II species or Appendix III species, any part or derivative of
the plant designated in Appendix II or Appendix III, as the case may be, in relation to that species;
"thing" (物品) includes any animal and plant, whether live or dead.
(2) For the purposes of this Ordinance, a specimen of an Appendix I species shall be treated as a
specimen of an Appendix II species
if—
(a)
in the case of an animal or any part or derivative of an animal, the animal is bred in captivity
for commercial purposes by a captive-breeding operation registered by the Secretariat for
breeding animals of an Appendix I species; or
(b) in the case of a plant or any part or derivative of a plant, the plant is artificially propagated for
commercial purposes.
(3) For the purposes of this Ordinance, a thing (including a thing contained in any receptacle)—
(a) that is claimed, represented or held out by any person, whether by advertisement or in any other
way, to be or to contain a specimen;
or
(b)
that appears from an accompanying document, packaging, mark or label, or from other
circumstances, to be or to contain a specimen, shall be treated as such a specimen.
(4) The Appendices shall be construed in accordance with—
(a) the interpretation provisions set out in Part 1 of Schedule 1;
(b) the annotations contained in the Appendices; and
(c)
the annotations set out at the end of the Appendices.
3. Meaning of "in transit"
For the purposes of this Ordinance, a thing is in transit if—
(a) it is brought into Hong Kong from a place outside Hong Kong;
(b) it is in the process of being taken to another place outside Hong
Kong; and
(c) it remains under the control of the Director or an authorized officer from the time it is brought
into Hong Kong up to the time it is taken outside Hong Kong.
4. Application to hybrids
This Ordinance applies to a hybrid animal or hybrid plant in accordance with the provisions applicable
to it as set out in Part 1 of Schedule 3.
5. Restriction on import of specimens of Appendix I species
PART 2
REGULATION OF APPENDIX I SPECIES
(1) Subject to section 47, a person shall not import a specimen of an Appendix I species—
(a) except as provided in section 17 or 22; or
(b) except under and in accordance with—
(i) a licence issued in respect of that specimen under section
23
(1)(a) prior to the import; and
(ii) a Convention certifying document issued in respect of that
specimen.
(2) A person who imports a specimen of an Appendix I species under and in accordance with the
documents referred to in subsection (1)(b)(i) and (ii) shall, upon the landing of that specimen in Hong
Kong—
(a) produce, or cause to be produced, the relevant licence to an authorized officer; and
(b) surrender, or cause to be surrendered, the relevant Convention certifying document to the
authorized officer for retention and cancellation.
(3) A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a
fine at level 6 and to imprisonment for 1 year.
6. Restriction on introduction from the sea of specimens of Appendix I species
(1) Subject to section 47, a person shall not introduce from the sea a specimen of an Appendix I
species except under and in accordance with a licence issued in respect of that specimen under section
23(1)(b) prior to the introduction from the sea.
(2) A person who introduces from the sea a specimen of an Appendix I species under and in
accordance with the licence referred to in subsection (1) shall, upon the landing of that specimen in
Hong Kong, produce, or cause to be produced, that licence to an authorized officer.
(3) A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a
fine at level 6 and to imprisonment for 1 year.
7. Restriction on export of specimens of Appendix I species
(1) Subject to section 47, a person shall not export a specimen of an Appendix I species except under
and in accordance with a licence issued in respect of that specimen under section 23(1)(c) prior to the
export.
(2) A person who exports a specimen of an Appendix I species under and in accordance with the
licence referred to in subsection (1) shall, before the removal of that specimen from Hong Kong,
produce, or cause to be produced, that licence to an authorized officer.
(3) A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a
fine at level 6 and to imprisonment for 1 year.
8. Restriction on re-export of specimens of Appendix I species
(1) Subject to section 47, a person shall not re-export a specimen of an Appendix I species—
(a) except as provided in section 22; or
(b) except under and in accordance with a licence issued in respect of that specimen under section
23(1)(d) prior to the re-export.
(2) A person who re-exports a specimen of an Appendix I species under and in accordance with the
licence referred to in subsection (1)(b) shall, before the removal of that specimen from Hong Kong,
produce, or cause to be produced, that licence to an authorized officer.
(3) A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a
fine at level 6 and to imprisonment for 1 year.
9. Restriction on possession or control of specimens of Appendix I species
(1) Subject to section 47, a person shall not have in his possession or under his control a specimen of
an Appendix I species—
(a) except as provided in section 20 or 22; or
(b) except under and in accordance with a licence issued in respect of that specimen under section
23(1)(e).
(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine
at level 6 and to imprisonment for 1 year.
10. Higher penalties for offences relating to specimens of Appendix I species committed for
commercial purposes
If a person has been convicted of an offence under section 5, 6, 7, 8 or 9 and the court is satisfied that
the act (including possession or control of a specimen) in respect of which the person has been so
convicted was carried out (whether by him or on his behalf) for commercial purposes, that person,
instead of being liable to the penalty prescribed in those sections, is liable to a fine of $5000000 and to
imprisonment for 2 years.
11. Restriction on import of specimens of Appendix II species and Appendix III species
PART 3
REGULATION OF APPENDIX II SPECIES AND APPENDIX III SPECIES
(1) Subject to section 47, a person shall not import a specimen of an Appendix II species or Appendix
III species—
(a) except as provided in section 17, 18, 19 or 22; or
(b) except under and in accordance with—
(i) a licence issued in respect of that specimen under section 23
(1)(a) prior to the import; and
(ii)
a Convention certifying document or certificate in lieu
issued in respect of that specimen.
(2) A person who imports a specimen of an Appendix II species or Appendix III species under and in
accordance with the documents referred to in subsection (1)(b)(i) and (ii) shall, upon the landing of
that specimen in Hong Kong—
(a) produce, or cause to be produced, the relevant licence to an authorized officer; and
(b) surrender, or cause to be surrendered, the relevant Convention certifying document or certificate
in lieu to the authorized officer for retention and cancellation.
(3) A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a
fine at level 5 and to imprisonment for 6 months.
12. Restriction on introduction from the sea of specimens of Appendix II species
(1) Subject to section 47, a person shall not introduce from the sea a specimen of an Appendix II
species except under and in accordance with a licence issued in respect of that specimen under section
23(1)(b) prior to the introduction from the sea.
(2) A person who introduces from the sea a specimen of an Appendix II species under and in
accordance with the licence referred to in subsection (1) shall, upon the landing of that specimen in
Hong Kong, produce, or cause to be produced, that licence to an authorized officer.
(3) A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a
fine at level 5 and to imprisonment for 6 months.
13. Restriction on export of specimens of Appendix II species and Appendix III species
(1) Subject to section 47, a person shall not export a specimen of an Appendix II species or Appendix
III species except under and in accordance with a licence issued in respect of that specimen under
section 23 (1)(c) prior to the export.
(2) A person who exports a specimen of an Appendix II species or Appendix III species under and in
accordance with the licence referred to in subsection (1) shall, before the removal of that specimen
from Hong Kong, produce, or cause to be produced, that licence to an authorized officer.
(3) A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a
fine at level 5 and to imprisonment for 6 months.
14. Restriction on re-export of specimens of Appendix II species and Appendix III species
(1) Subject to section 47, a person shall not re-export a specimen of an Appendix II species or
Appendix III species—
(a) except as provided in section 22; or
(b) except under and in accordance with a licence issued in respect of that specimen under section
23(1)(d) prior to the re-export.
(2) A person who re-exports a specimen of an Appendix II species or Appendix III species under and
in accordance with the licence referred to in subsection (1)(b) shall, before the removal of that
specimen from Hong Kong, produce, or cause to be produced, that licence to an authorized officer.
(3) A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a
fine at level 5 and to imprisonment for 6 months.
15. Restriction on possession or control of specimens of Appendix II species
(1) Subject to section 47, a person shall not have in his possession or under his control a specimen of
an Appendix II species—
(a) except as provided in section 20, 21 or 22; or
(b) except under and in accordance with a licence issued in respect of that specimen under section
23(1)(e).
(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine
at level 5 and to imprisonment for 6 months.
16. Higher penalties for offences relating to specimens of Appendix II species and Appendix III
species committed for commercial purposes
If a person has been convicted of an offence under section 11, 12, 13, 14 or 15 and the court is
satisfied that the act (including possession or control of a specimen) in respect of which the person has
been so convicted was carried out (whether by him or on his behalf) for commercial purposes, that
person, instead of being liable to the penalty prescribed in those sections, is liable to a fine of $500000
and to imprisonment for 1 year.
17. Import of pre-Convention specimens
PART 4
CIRCUMSTANCES IN WHICH DEALINGS IN SCHEDULED SPECIES WITHOUT LICENCE
ARE PERMITTED
A person may import a specimen of a scheduled species if, upon the landing of the specimen in Hong
Kong—
(a) he produces, or causes to be produced, to an authorized officer a pre-Convention certificate, or a
Convention certifying document containing the particulars required to be specified in a preConvention certificate, in respect of the specimen;
(b) an authorized officer has inspected the specimen to compare it with the particulars on that preConvention certificate or Convention certifying document and is satisfied that the particulars tally; and
(c) where a Convention certifying document is produced under paragraph (a), that person
surrenders, or causes to be surrendered, to the authorized officer that document for retention and
cancellation.
18. Import of specimens of Appendix II species
A person may import a specimen of an Appendix II species if, upon the landing of the specimen in
Hong Kong—
(a) he produces, or causes to be produced, to an authorized officer a Convention certifying
document or certificate in lieu in respect of the specimen, showing that—
(i)
the specimen is not a live animal or plant of wild origin, nor is it a live animal or
plant that shall be treated as a specimen of an Appendix II species under section
2(2); and
(ii) the species is not of a population included in Appendix I if the species is specified in both
Appendix I and Appendix II;
(b) an authorized officer has inspected the specimen to compare it with the particulars on that
Convention certifying document or certificate in lieu and is satisfied that the particulars tally; and
(c) that person surrenders, or causes to be surrendered, to the authorized officer that Convention
certifying document or certificate in lieu for retention and cancellation.
19. Import of specimens of Appendix III species
(1) A person may import a specimen of an Appendix III species if, upon the landing of the specimen in
Hong Kong—
(a) he produces, or causes to be produced, to an authorized officer—
(i) where the import is from a place specified in parentheses placed against the species in
Appendix III, a Convention certifying document or certificate in lieu in respect of the specimen;
(ii) where the import is from a place that is not so specified in Appendix III and the specimen
originates from such a place, certificate of origin in respect of the specimen; or
(iii) in any other case, a certificate— (A) that is issued in respect of the specimen by a relevant
authority of the place from which the specimen is imported and remains in force when relied on to
show compliance with this Ordinance; and (B) that shows that the specimen was processed in that
place, or has previously been taken into that place from another place;
(b) an authorized officer has inspected the specimen to compare it with the particulars on that
Convention certifying document, certificate in lieu, certificate of origin, or the certificate referred to
in paragraph (a)(iii), as the case may be, and is satisfied that the particulars tally; and
(c) that person surrenders, or causes to be surrendered, to the authorized officer the document
referred to in paragraph (b) for retention and cancellation.
(2) In this section, "certificate of origin" (產地來源證明書), in relation to a specimen originating from
a place outside Hong Kong, means a certificate—
(a) that is issued by a relevant authority of that place in respect of that specimen and remains in
force when relied on to show compliance with this Ordinance; and
(b) that conforms to the provisions applicable to such a certificate in Part 2 of Schedule 3.
20. Possession or control of pre-Convention specimens
A person may have in his possession or under his control a specimen of an Appendix I species or
Appendix II species if he proves the following to the satisfaction of the Director—
(a) that he possesses a pre-Convention certificate in respect of the specimen;
(c)
that the specimen was imported, or introduced from the sea, before
6 August 1976; or
(d)
if the specimen was imported, or introduced from the sea, on or after that date, the import or
introduction from the sea was not in contravention of any provision of the repealed
Ordinance or this Ordinance, whichever was in force at that time.
21. Possession or control of specimens of Appendix II species
(1) A person may have in his possession or under his control a specimen of an Appendix II species if
he proves the following to the satisfaction of the Director by documentary evidence or otherwise—
(a) that the specimen is not a live animal or plant of wild origin, nor is it a live animal or plant that
shall be treated as a specimen of an Appendix II species under section 2(2); and
(c)
that the species is not of a population included in Appendix I if the species is specified in
both Appendix I and Appendix II.
(2) In subsection (1), "documentary evidence" (文件證據) includes but is not limited to a former
licence, a certificate in lieu or other Convention certifying document.
22. Import, re-export and possession or control of specimens in transit
(1) A person may import, re-export or have in his possession or under his control a specimen of a
scheduled species (other than a live animal) in transit if, upon the landing of the specimen in Hong
Kong, he produces, or causes to be produced, to an authorized officer a Convention certifying
document or certificate in lieu in respect of the specimen.
(2) A person may import, re-export or have in his possession or under his control a live animal of a
scheduled species in transit if—
(a) upon the landing of the animal in Hong Kong, he produces, or causes to be produced, to an
authorized officer a Convention certifying document or certificate in lieu in respect of the animal; and
(d)
subject to subsection (3), at least 3 working days before the intended date on which the
animal is to be brought into Hong Kong, the Director receives a notification made to him in
writing—
(i) providing a description and the particulars of the animal;
(ii)
stating the intended date on which the animal is to be brought into Hong Kong;
and
(iii)
where the animal is to be brought into Hong Kong by a vessel, vehicle, train or
aircraft, providing particulars of the vessel, vehicle, train or aircraft so as to enable
the Director to locate it immediately upon its arrival in Hong Kong.
(3) The Director may, by notice published in the Gazette, specify a number of working days in
substitution for the number of working days referred to in subsection (2)(b) in respect of a scheduled
species, either generally or for any purposes or by reference to any special circumstances.
(4) In this section, "working day" (工作天) means any day other than a public holiday or a black
rainstorm warning day or gale warning day within the meaning of section 71 of the Interpretation and
General Clauses Ordinance ( Cap 1).
23. Issue of licences
PART 5
LICENCES
(1) The Director may, on application made to him in the specified form and on payment of the fee
prescribed in Schedule 2, issue a licence for the—
(a) import;
(b) introduction from the sea;
(c) export;
(d) re-export; or
(e) possession or control, of a specimen of a scheduled species.
(2) The Director shall not approve an application made under this section if such approval would
contravene any requirement under the Convention.
(3) On issuing any such licence, the Director may impose such conditions as he considers appropriate,
including conditions that are more stringent than any requirement under the Convention.
(4) A licence issued under this section shall—
(a) be in the specified form;
(b) specify the name and address of the holder of the licence;
(c) specify the quantity and description of the specimen concerned;
(d) specify the conditions, if any, of the licence; and
(e) specify the period of validity of the licence.
(5) If any condition of a licence issued under this section is contravened, the holder of the licence
commits an offence and is liable on conviction to a fine at level 5.
24. Extension, renewal and variation of licences
(1) The Director may, on application made to him in the specified form and on payment of the fee
prescribed in Schedule 2—
(a) extend the period of validity of a licence issued under section 23
(1)(a), (b), (c) or (d);
(b) renew a licence issued under section 23(1)(e); or
(c) vary a licence issued under section 23 in any other way.
(2) The Director shall not approve an application made under this section if such approval would
contravene any requirement under the Convention.
25. Refusal of application made under section 23 or 24
If the Director refuses an application made under section 23 or 24, he shall give written notice of the
refusal to the applicant stating the reason for the refusal.
26. Cancellation of licences
(1) The Director may cancel a licence that is issued under section 23 or extended, renewed or varied
under section 24 if—
(a) any condition of the licence is contravened; or
(b) the Director is satisfied that the licence was issued, extended, renewed or varied as a result of a
false representation of any fact made by the applicant or an unlawful act of the applicant.
(2) If the Director cancels a licence under subsection (1), he shall give written notice of the
cancellation to the holder of the licence stating the reason for the cancellation.
(3) After receipt of a notice of cancellation under subsection (2), the holder of the relevant licence
shall immediately surrender the licence to the Director.
(4) If that holder lodges an appeal under section 46(1) against the Director's decision relating to the
cancellation of the relevant licence, the Director shall return the licence to that holder pending the
determination of the appeal by the Administrative Appeals Board.
(5) If the Administrative Appeals Board confirms the Director's decision relating to the cancellation of
the relevant licence, that holder shall, immediately after receipt of a notice of the Administrative
Appeals Board's decision, surrender the licence to the Director.
(6) A holder of a licence who without reasonable excuse fails to comply with subsection (3) or (5)
commits an offence and is liable on conviction to a fine at level 6.
27. Authorized officers
PART 6
AUTHORIZED OFFICERS
(1) The Director may in writing authorize any public officer to exercise any of the powers and perform
any of the duties conferred or imposed on the Director or an authorized officer by this Ordinance.
(2) The Director may exercise any of the powers or perform any of the duties conferred or imposed on
an authorized officer by this Ordinance.
28. Power to require production of document or other evidence to show compliance with this
Ordinance
(1) If a person has in his possession or under his control a specimen of a scheduled species, an
authorized officer may require the person to produce any document or other evidence on which the
person relies to show that the possession or control is not in contravention of this Ordinance.
(2) A person who without reasonable excuse fails to comply with a requirement made under
subsection (1) commits an offence and is liable on conviction to a fine at level 6.
29. Power to require scientific names and common names
(1) If an authorized officer reasonably suspects that an animal or plant, whether live or dead, or a part
of an animal or plant—
(a) is being or has been imported;
(b) is being or has been introduced from the sea;
(c) is in transit;
(d) is being or is to be exported; or
(e) is being or is to be re-exported, and is a specimen of a scheduled species, he may require the
person who has the animal, plant or part in his possession or under his control to give its scientific
name and common name.
(2) A person who—
(a) without reasonable excuse fails to comply with a requirement made under subsection (1); or
(b)
knowingly makes a false statement in purported compliance with such a requirement,
commits an offence and is liable on conviction to a fine at level 5.
30. Power to require production of things for inspection
If an authorized officer reasonably suspects that a thing—
(a) is being or has been imported;
(b) is being or has been introduced from the sea;
(c) is in transit;
(d) is being or is to be exported;
(e) is being or is to be re-exported; or
(f) is in the possession or under the control of any person, and is a specimen of a scheduled species,
that officer may, for the purposes of verifying compliance with this Ordinance and on production of
written evidence of his identity, stop the person who has the thing in his possession or under his
control and require him to produce the thing for inspection.
31. Power to inspect place or premises
(1) If an authorized officer reasonably suspects that a specimen of a scheduled species is being kept
for commercial purposes in any place or premises, he may, for the purposes of verifying compliance
with this Ordinance, without notice and on production of written evidence of his identity—
(a) enter and inspect the place or premises during reasonable hours;
(b) inspect the thing suspected to be a specimen of a scheduled species;
and
(c) require the production of, inspect, examine or take copies of any document that is related to
compliance with this Ordinance and is in the place or premises.
(2) An authorized officer shall not under subsection (1) enter—
(a) any premises that are used exclusively as a dwelling-house; or
(b) any part of any premises that is used exclusively as a dwelling-house.
32. Power of search and detention
(1) An authorized officer may, on production of written evidence of his identity, stop, board and
search any vessel, vehicle, train or aircraft (other than a ship of war, military aircraft or military
vehicle) if he reasonably suspects that an offence under Part 2 or 3 has been, is being or is about to be
committed in or on the vessel, vehicle, train or aircraft.
(2) If an authorized officer reasonably suspects that a person has committed, is committing or is about
to commit an offence under Part 2 or 3, that officer may, on production of written evidence of his
identity—
(a)
stop and search the person, and search the property of the person, for anything that is likely
to be of value (whether by itself or together with anything else) to the investigation of the
offence; and
(b)
detain the person for a reasonable period while that officer inquires about the suspected
commission of the offence.
33. Power of entry into place or premises
(1) If it is shown to the satisfaction of a magistrate on information on oath that there is in any place or
premises any thing liable to seizure, or any thing likely to be or to contain evidence of an offence
under Part 2 or 3, the magistrate may by warrant authorize any authorized officer to enter, by force if
necessary, and search the place or premises.
(2) An authorized officer entering any place or premises under subsection (1) may take with him such
persons as may be necessary, and on leaving any unoccupied place or premises that he has entered
shall leave the place or premises as effectually secured against trespassers as he found them to be at
the time of entry.
(3) A warrant issued under subsection (1) continues in force until the purpose for which the entry is
necessary has been satisfied.
34. Power of seizure
(1) An authorized officer may seize, remove and detain—
(a) a thing liable to seizure;
(c)
a receptacle in which a seized thing is contained or a handling device or other device used
for or in connection with the thing;
(c) any food or drink accompanying a seized animal; or
(d) any thing that appears to that officer to be or to contain evidence that an offence under Part 2 or
3 has been committed.
(2) For the purposes of this Part, a thing is liable to seizure—
(a) if an authorized officer reasonably suspects that the thing—
(i) is being or has been imported;
(ii) is being or has been introduced from the sea;
(iii) is being or is to be exported;
(iv) is being or is to be re-exported; or
(v) is in the possession or under the control of any person, in contravention of any provision of
this Ordinance;
(b)
if the thing is an animal or plant, whether live or dead, or a part of an animal or plant in
respect of which a person has failed to comply with a requirement made under section
29(1);
(c) if it is a thing in respect of which a person has failed to comply with a requirement made under
section 30; or
(d) if it is a thing in respect of which an authorized officer reasonably suspects that a person has
contravened section 44.
(3) No civil liability shall be incurred by an authorized officer in respect of anything done or omitted
to be done by that officer in good faith in the exercise or purported exercise of any power under this
section.
35. Disposal of seized things
(1) The Director may cause the following things seized under section 34(1) to be released, sold, or
disposed of in any other way, immediately after the seizure—
(a) any live animal—
(i)
that is impracticable for any reason for the Director to keep in captivity; or
(ii)
that is likely to die or be subjected to unnecessary suffering if it is kept in
captivity;
(b) any live plant that is impracticable for any reason for the Director to detain;
(c) any thing that is perishable.
(2) Subject to Part 7, the proceeds of sale of any thing sold under subsection (1) shall be paid into the
general revenue.
36. Power to require identification
(1) If an authorized officer reasonably suspects that a person has committed, is committing or is about
to commit an offence under this Ordinance, he may, without warrant and on production of written
evidence of his identity, stop the person or, where the person is in or on a vessel, vehicle, train or
aircraft (other than a ship of war, military aircraft or military vehicle), stop and board the vessel,
vehicle, train or aircraft, as the case may be, for the purposes of requiring that person—
(a) to state his name and address; and
(b) to produce his proof of identity for inspection.
(2) A person who—
(a) without reasonable excuse fails to comply with a requirement made under subsection (1); or
(b) knowingly gives a false or misleading name or address in purported compliance with such a
requirement, commits an offence and is liable on conviction to a fine at level 6.
(3) In this section, "proof of identity" (身分證明文件) means proof of identity within the meaning of
section 17B of the Immigration Ordinance (Cap 115).
37. Power of arrest
(1) If an authorized officer reasonably suspects that a person has committed, is committing or is about
to commit an offence under Part 2 or 3 or section 38, he may arrest the person without warrant.
(2) If an authorized officer reasonably suspects that a person has committed, is committing or is about
to commit any other offence under this Ordinance, he may arrest the person without warrant only in
circumstances where it appears to the authorized officer that service of a summons is impracticable
because—
(a) the name of the person is unknown to, and cannot be readily ascertained by, that officer;
(b)
that officer has reasonable grounds for doubting whether a name given by the person as his
name, when required to do so under section 36, is his real name;
(c)
the person has failed to give a satisfactory address for service, when required to do so under
section 36; or
(d) that officer has reasonable grounds for doubting whether an address given by the person, when
required to do so under section 36, is a satisfactory address for service.
(3) If any person who is liable to be arrested under this section forcibly resists the endeavour to arrest
him, or attempts to evade the arrest, an authorized officer may use all reasonable means necessary to
effect the arrest.
(4) If an authorized officer arrests a person under this section, he shall immediately take the person to
the nearest police station or hand him over to the custody of a police officer to be dealt with in
accordance with the Police Force Ordinance ( Cap 232).
38. Obstruction
A person who without reasonable excuse obstructs an authorized officer exercising any power under
section 30, 31, 32, 33, 34, 36 or 37 commits an offence and is liable on conviction to a fine at level 6
and to imprisonment for 1 year.
39. Interpretation of Part 7
PART 7
FORFEITURE
In this Part—
"proceeds of sale" (售賣得益), in relation to a thing seized under section 34 (1), means the proceeds
of sale of that thing if already sold under section 35; "thing seized under section 34(1)"
(根據第34(1)條檢取的物品) means a thing seized under section 34(1)(a) and includes any other thing
seized under section 34 (1)(b), (c) or (d) in connection with that thing.
40. Return or forfeiture of things seized in respect of offences charged under Part 2 or 3
(1) If a person is convicted of an offence under Part 2 or 3, the court or magistrate may order any thing
seized under section 34(1) in connection with the offence that is not a specimen of a scheduled
species, or any proceeds of sale of that thing—
(a)
or
to be returned to the person from whom it was seized or to its owner;
(b) to be forfeited to the Government.
(2) If a person is convicted of an offence under Part 2 or 3, any specimen of a scheduled species seized
under section 34(1) in connection with the offence, or any proceeds of sale of the specimen if already
sold under section 35, shall, without order, be forfeited to the Government.
(3) If an offence is prosecuted under Part 2 or 3 and no defendant in the proceedings is convicted of
the offence, the court or magistrate may order any thing seized under section 34(1) in respect of which
the prosecution was brought, or any proceeds of sale of that thing—
(a)
to be returned to the person from whom it was seized or to its
owner;
or
(b) to be forfeited to the Government.
41. Return or forfeiture of things seized on prosecution of offences under section 29 or 44
If an offence is prosecuted under section 29 or 44, the court or magistrate may, whether or not any
defendant in the proceedings is convicted of the offence, order any thing seized under section 34(1) in
respect of which the prosecution was brought, or any proceeds of sale of that thing—
(a)
or
to be returned to the person from whom it was seized or to its owner;
(b) to be forfeited to the Government.
42. Return or forfeiture of things seized where no prosecution for offences
(1) If a thing has been seized under section 34(1) but no prosecution for an offence under Part 2 or 3 or
section 29 or 44 has been brought in respect of that thing, an authorized officer may apply to the court
or magistrate for an order in respect of that thing or any proceeds of sale of that thing.
(2) On an application under subsection (1), the court or magistrate may order the thing concerned or
any proceeds of sale of that thing—
(a) to be returned to the person from whom it was seized or to its owner;
or
(b) to be forfeited to the Government.
(3) If a thing seized under section 34(1)—
(a) is placed in the possession or under the control of the Director; and
(b)
is abandoned by its owner, or appears to the Director to have been so abandoned, an
authorized officer may apply to the court or magistrate for an order in respect of that thing.
(4) On an application under subsection (3), the court or magistrate may, if satisfied that the owner of
the thing concerned is unknown or cannot be found, order that thing to be forfeited to the Government.
43. Disposal of forfeited things, etc.
(1) The Director may sell, or dispose of in any other way, any thing that is seized under section 34(1)
and forfeited to the Government under this Part in such manner as he thinks fit.
(2) The proceeds of sale of any thing sold under subsection (1) shall be paid into the general revenue.
(3) Any person who considers himself aggrieved by the sale or disposal of any thing that was ordered
to be forfeited to the Government under section 42(4) may complain to the court or magistrate within
6 months of the sale or disposal.
(4) On a complaint under subsection (3), the court or magistrate may, if satisfied as to the title of the
complainant to the thing concerned, order that such sum by way of compensation be paid to the
complainant as it may consider just.
44. Furnishing false information
PART 8
MISCELLANEOUS PROVISIONS
(1) A person commits an offence if he, on an application made under section 23 or 24 or in purported
compliance with this Ordinance, furnishes any information that—
(a) he knows or believes to be false or does not believe to be true; or
(b) he knows or believes to be misleading in any material particular.
(2) A person commits an offence if he claims, represents or holds out, whether by advertisement or in
any other way, that a thing is a specimen of a scheduled species, without any belief in the truth of the
claim, representation or holding out.
(3) A person who commits an offence under subsection (1) or (2) is liable on conviction to a fine at
level 6 and to imprisonment for 6 months.
45. Protection of informers
(1) Except as provided in subsection (3)—
(a)
no information on the identity of an informer relating to an offence under this Ordinance
shall be admitted in evidence in any civil or criminal proceedings; and
(b) a witness in any civil or criminal proceedings is not obliged or permitted—
(i)
to disclose the name or address of any informer who has given information to the
Director, any authorized officer or the police with respect to an offence under this
Ordinance, or the name or address of any person who has assisted the Director,
any authorized officer or the police in any way with respect to such an offence; or
(ii)
to answer any question if the answer would lead, or would tend to lead, to
discovery of the name or address of such informer or person, if, in either case, the
informer or the person is not himself a witness in such proceedings.
(2) If any books, documents or papers that are in evidence or liable to inspection in any civil or
criminal proceedings contain an entry in which an informer or person referred to in subsection
(1)(b)(i) is named or described or that might lead to his discovery, the court or magistrate shall cause
all such passages to be concealed from view or to be obliterated so far as may be necessary to protect
the informer or the person, as the case may be, from discovery.
(3) If—
(a) in any proceedings for an offence under this Ordinance the court or magistrate, after full inquiry
into the case, is satisfied that an informer made a material statement that the informer knew or
believed to be false or did not believe to be true; or
(b) in any other proceedings the court or magistrate is of opinion that justice cannot be fully done
between the parties concerned without disclosure of the name of an informer or of a person who has
assisted the Director, any authorized officer or the police, the court or magistrate may require the
production of the original information and permit inquiry and require full disclosure concerning the
informer or the person.
46. Appeals to Administrative Appeals Board
(1) A person aggrieved by a decision of the Director relating to—
(a) the refusal to issue a licence under section 23;
(b) an application to extend or renew a licence under section 24;
(c) an application to vary a licence under section 24;
(d) any condition specified in a licence issued under section 23 or extended, renewed or varied
under section 24; or
(d)
the cancellation of a licence under section 26, may, within 21 days of receiving notice of the
decision, appeal to the Administrative Appeals Board against the decision.
(2) Where the appeal is against a decision relating to a matter mentioned in subsection (1)(b), the
licence concerned shall, despite the expiry of its period of validity, be treated as continuing in force
subject to its conditions until the determination of the appeal by the Administrative Appeals Board.
(3) Where the appeal is against a decision relating to a matter mentioned in subsection (1)(c), the
licence concerned shall not be varied pending the determination of the appeal by the Administrative
Appeals Board.
(4) Where the appeal is against a decision relating to a matter mentioned in subsection (1)(d) or (e),
the decision shall not become effective pending the determination of the appeal by the Administrative
Appeals Board.
47. Exemption orders
(1) For the purposes of enabling any part of the Convention, or of a Convention instrument, relating to
an exemption in respect of the import, introduction from the sea, export or re-export of any Appendix I
species to have the force of law in Hong Kong, the Chief Executive in Council may, by order
published in the Gazette, exempt from the application of section 5, 6, 7 or 8, either generally or for any
purposes or by reference to any circumstances, and either conditionally or unconditionally—
(a) any person or any group or description of persons; or
(b) any specimen of any Appendix I species, or of any group or description of such species.
(2) For the purposes of enabling any part of the Convention, or of a Convention instrument, relating to
an exemption in respect of the import, introduction from the sea, export or re-export of any Appendix
II species or Appendix III species to have the force of law in Hong Kong, the Secretary may, by order
published in the Gazette, exempt from the application of section 11, 12, 13 or 14, as the case may be,
either generally or for any purposes or by reference to any circumstances, and either conditionally or
unconditionally—
(a) any person or any group or description of persons; or
(b)
any specimen of any Appendix II species or Appendix III species, or of any group or
description of such species.
(3) The Chief Executive in Council may, in relation to the possession or control of any Appendix I
species, by order published in the Gazette, exempt from the application of section 9, either generally
or for any purposes or by reference to any circumstances, or in any particular case, and either
conditionally or unconditionally—
(a) any person or any group or description of persons; or
(c)
any specimen of any Appendix I species, or of any group or description of such species.
(4) Without contravening any requirement under the Convention, the Secretary may, in relation to the
import of any live specimen of Appendix II species, by order published in the Gazette, exempt from
the application of section 11, either generally or for any purposes or by reference to any
circumstances, or in any particular case, and either conditionally or unconditionally—
(a) any person or any group or description of persons; or
(b) any specimen of any Appendix II species, or of any group or description of such species.
(5) The Secretary may, in relation to the possession or control of any Appendix II species, by order
published in the Gazette, exempt from the application of section 15, either generally or for any
purposes or by reference to any circumstances, or in any particular case, and either conditionally or
unconditionally—
(a) any person or any group or description of persons; or
(b) any specimen of any Appendix II species, or of any group or description of such species.
48. Power to amend Schedules
(1) The Secretary may, by order published in the Gazette, amend any Schedule.
(2) If, at the commencement of an order amending Schedule 1—
(a)
a person has in his possession or under his control a specimen of an Appendix I species or
Appendix II species; and
(b) section 9(1) or 15(1) does not apply to the specimen prior to that commencement, section 9(1) or
15(1), as the case may be, shall apply in respect of the specimen only on the expiry of 3 months after
that commencement unless otherwise stated in the order.
49. Advisory Committee
(1) The Chief Executive may establish an Advisory Committee consisting of such members as he may
appoint.
(2) The Advisory Committee shall advise the Director upon any question that he may refer to it in
connection with the administration of this Ordinance.
(3) The Advisory Committee established under section 14 of the repealed Ordinance shall be treated as
the Advisory Committee established under this section.
(4) A person who was, immediately before the commencement of this section, a member of the
Advisory Committee established under section 14 of the repealed Ordinance shall be treated as a
member of the Advisory Committee established under this section on the same terms and conditions as
applied to the person immediately before that commencement.
50. Director and authorized officers to be subject to Chief Executive's directions
(1) The Chief Executive may give such directions as he thinks fit, either generally or in any particular
case, with respect to the exercise or performance by the Director or an authorized officer of any
powers or duties under this Ordinance.
(2) The Director and every authorized officer shall, in the exercise or performance of any powers or
duties under this Ordinance, comply with any directions given by the Chief Executive under
subsection (1).
51. Director empowered to specify forms
The Director may specify any form to be used for the purposes of this Ordinance.
52. Issue of re-export certificates
The Director may, on application made to him in the specified form and on payment of the fee
prescribed in Schedule 2, issue a re-export certificate in respect of an animal or plant, or any part or
derivative of an animal or plant for the purpose of facilitating the applicant's compliance with a
requirement imposed in relation to the Convention by any Party.
53. Power of Secretary to make regulations
The Secretary may by regulation provide for—
(a) the registration of any scientific institution for the purposes of this Ordinance;
(b)
any matter so as to enable any part of a Convention instrument to have the force of law in
Hong Kong with or without modification; and
(c) any matter ancillary or incidental to those specified in paragraphs (a) and (b).
54. Repeal of Animals and Plants (Protection of Endangered Species) Ordinance
PART 9
REPEAL OF ANIMALS AND PLANTS (PROTECTION OF ENDANGERED SPECIES)
ORDINANCE AND ITS SUBSIDIARY LEGISLATION AND TRANSITIONAL PROVISIONS
The Animals and Plants (Protection of Endangered Species) Ordinance ( Cap 187) and the Animals
and Plants (Protection of Endangered Species) ( Exemption) Order (Cap 187 sub. leg. A) are repealed.
55. Transitional provisions relating to Animals and Plants (Protection of Endangered Species)
Ordinance
(1) In this section, "relevant date" (有關日期) means the date of commencement of this Ordinance.
(2) If, immediately before the relevant date, there was a pending application for—
(a) a former licence; or
(b) an extension, a renewal or a variation of a former licence, the application shall be treated as an
application for a licence made under section 23(1)(a), (b), (c), (d) or (e), as the case may be.
(3) A former licence that is in force immediately before the relevant date—
(a) shall be treated as a licence issued under section 23(1)(a),(b), (c), (d) or (e), as the case may be;
and
(c)
subject to section 26, continues in force until the expiration of the period of validity
specified in the licence.
(4) A right of appeal subsisting under section 17 of the repealed Ordinance immediately before the
relevant date shall be treated as a right of appeal against a decision to the Administrative Appeals
Board under section 46(1)(a), (b), (c), (d) or (e), as the case may be.
(5) An appeal pending under section 17 of the repealed Ordinance immediately before the relevant
date shall be treated and disposed of as if it were an appeal against a decision pending to the
Administrative Appeals Board under section 46(1)(a), (b), (c), (d) or (e), as the case may be.
(6) If—
(a) immediately before the relevant date a person had in his possession or under his control a
specimen of an Appendix I species or Appendix II species; and
(c)
there was no licensing requirement in respect of that specimen under section 6 of the
repealed Ordinance in force immediately before the relevant date, section 9(1) or 15(1), as
the case may be, shall apply in respect of that specimen only on the expiry of 6 months after
the relevant date.
56. (Omitted as spent)
PART 10
CONSEQUENTIAL AMENDMENTS
(Omitted as spent)
57. (Omitted as spent)
(Omitted as spent)
58. (Omitted as spent)
(Omitted as spent)
SCHEDULED SPECIES
(Past version on 01/12/2006).
[sections 2 & 48]
PART 1
INTERPRETATION OF THE APPENDICES
1. Species included in the Appendices are referred to—
(a) by the name of the species; or
(b) as being all of the species included in a higher taxon or designated part in
that taxon.
2. The abbreviation "spp." is used to denote all species of a higher taxon.
3. Other references to taxa higher than species are for the purposes of information or classification
only. Common names in English, if known, are included within angle brackets (< >) after scientific
names in the English text of this Ordinance. Common names in Chinese or Chinese translations of
scientific names, if known, are included within angle brackets (< >) after scientific names in the
Chinese text of this Ordinance. The common names included after the scientific names of orders,
families and genera are intended to indicate the species within the order, family or genus concerned
that are included in the Appendices.
4. The following abbreviations are used for plant taxa below the level of species—
(a) "ssp." is used to denote subspecies; and
(b) "var(s)." is used to denote variety (varieties).
5. As none of the species or higher taxa of FLORA included in Appendix I is annotated to the effect
that its hybrids shall be treated in accordance with the provisions of Article III of the Convention, this
means that artificially propagated hybrids produced from one or more of these species or taxa may be
traded with a certificate of artificial propagation, and that seeds and pollen (including pollinia), cut
flowers, seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile
containers of these hybrids are not subject to the provisions of this Ordinance.
6. The names of the places in parentheses placed against the names of species in Appendix III are
those of the Parties submitting these species for inclusion in that Appendix.
7. When a species is included in one of the Appendices, all parts and derivatives of the species are also
included in the same Appendix unless the species is annotated to indicate that only specific parts and
derivatives are included. The symbol (#) followed by a number placed against the name of an
Appendix II species or Appendix III species designates parts or derivatives that are specified in
relation to that species for the purposes of this Ordinance as follows–
#1 Designates all parts and derivatives, except–
(a) seeds, spores and pollen (including pollinia);
(b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile
containers;
(c) cut flowers of artificially propagated plants; and
(d) fruits, parts of fruits, and derivatives of fruits, of artificially propagated plants of the genus
Vanilla.
#2 Designates all parts and derivatives, except–
(a) seeds and pollen; and
(b) finished products packaged and ready for retail trade.
#3 Designates whole and sliced roots and parts of roots.
#4 Designates all parts and derivatives, except–
(a) seeds, except those from Mexican cacti originating in Mexico, and pollen;
(b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile
containers;
(c) cut flowers of artificially propagated plants;
(d) fruits, parts of fruits, and derivatives of fruits, of naturalized or artificially propagated
plants; and
(e) separate stem joints (pads), parts of separate stem joints (pads), and derivatives of separate
stem joints (pads), of naturalized or artificially propagated plants of the genus Opuntia
subgenus Opuntia.
#5 Designates logs, sawn wood and veneer sheets.
#6 Designates logs, sawn wood, veneer sheets and plywood.
#7 Designates logs, wood-chips, powder and extracts.
#8 Designates underground parts (i.e. roots, rhizomes): whole, parts and powdered.
#9 Designates all parts and derivatives except those bearing a label “Produced from Hoodia spp.
material obtained through controlled harvesting and production in collaboration with the CITES
Management Authorities of Botswana/Namibia/South Africa under agreement no. BW/NA/ZA
xxxxxx”.
#10 Designates logs, sawn wood and veneer sheets, including unfinished wood articles used for the
fabrication of bows for stringed musical instruments.
#11 Designates logs, sawn wood, veneer sheets, plywood, powder and extracts.
(Replaced L.N. 4 of 2009)
PART 2
APPENDICES
Appendix I
Appendix II
Appendix III
FAUNA <ANIMALS>
PHYLUM CHORDATA
CLASS MAMMALIA
<MAMMALS>
ARTIODACTYLA
Antilocapridae
Antilocapra americana
<Mexican pronghorn> (Only the
population of Mexico; no other
population is included in the
Appendices)
Bovidae
Addax nasomaculatus <Addax>
Ammotragus lervia <Aoudad,
barbary sheep>
Antilope cervicapra
<Blackbuck> (Nepal)
Bison bison athabascae <Wood
bison>
Bos gaurus <Gaur, saladang>
(Excludes the domesticated
form, which is referenced as Bos
frontalis, and is not subject to
the provisions of this Ordinance)
Bos mutus <Wild yak>
(Excludes the domesticated
form, which is referenced as Bos
grunniens, and is not subject to
the provisions of this Ordinance)
Bos sauveli <Kouprey>
Bubalus arnee <Wild
Asiatic buffalo>
(Nepal) (Excludes the
domesticated form,
which is referenced as
Bubalus bubalis)
Bubalus depressicornis
<Lowland anoa>
Bubalus mindorensis
<Tamaraw>
Bubalus quarlesi <Mountain
anoa>
Budorcas taxicolor <Takin>
Capra falconeri <Markhor>
Capricornis milneedwardsii
<Chinese serow>
Capricornis rubidus <Red
serow>
Capricornis sumatraensis
<Mainland serow>
Capricornis thar <Himalayan
serow>
Cephalophus brookei
Cephalophus dorsalis <Bay
duiker>
Cephalophus jentinki <Jentink’s
duiker>
Cephalophus ogilbyi <Ogilby’s
duiker>
Cephalophus silvicultor <Yellowbacked duiker>
Cephalophus zebra <Banded
duiker>
Damaliscus pygargus pygargus
<Bontebok>
Gazella cuvieri <Cuvier’s
gazelle, edmi gazelle>
Gazella dorcas
<Dorcas gazelle>
(Algeria, Tunisia)
Gazella leptoceros <Rhim
gazelle, sand gazelle>
Hippotragus niger variani
<Giant sable antelope>
Kobus leche <Lechwe>
Naemorhedus baileyi <Red
goral>
Naemorhedus caudatus
<Chinese goral>
Naemorhedus goral <Goral>
Naemorhedus griseus <South
China goral>
Nanger dama <Addra gazelle>
Oryx dammah <Sahara oryx>
Oryx leucoryx <Arabian oryx>
Ovis ammon <Argali> (Except the
subspecies included in Appendix I)
Ovis ammon hodgsonii <Great
Tibetan sheep>
Ovis ammon nigrimontana
<Kara Tau argali>
Ovis canadensis <Bighorn sheep>
(Only the population of Mexico; no
other population is included in the
Appendices)
Ovis orientalis ophion <Cyprian
wild sheep, Cyprus mouflon>
Ovis vignei <Red sheep, urial,
shapo> (Except the subspecies
included in Appendix I)
Ovis vignei vignei <Ladakh
urial>
Pantholops hodgsonii <Chiru,
Tibetan antelope>
Philantomba monticola <Blue
duiker>
Pseudoryx nghetinhensis
<Saola>
Rupicapra pyrenaica ornata
<Abruzzo chamois>
Saiga borealis <Mongolian saiga>
Saiga tatarica <Saiga>
Tetracerus
quadricornis
<Chousingha, fourhorned antelope>
(Nepal)
Camelidae
Lama glama guanicoe <Guanaco>
Vicugna vicugna <Vicugna>
(Except the populations of
Argentina [the populations of the
Provinces of Jujuy and
Catamarca and the semi-captive
populations of the Provinces of
Jujuy, Salta, Catamarca, La
Rioja and San Juan]; Bolivia [the
whole population]; Chile
[population of the Primera
Región]; and Peru [the whole
population]; which are included
in Appendix II)
Vicugna vicugna <Vicugna> (Only
the populations of Argentina1 [the
populations of the Provinces of
Jujuy and Catamarca and the semicaptive populations of the
Provinces of Jujuy, Salta,
Catamarca, La Rioja and San Juan];
Bolivia2 [the whole population];
Chile3 [population of the Primera
Región]; Peru4 [the whole
population]; all other populations
are included in Appendix I)
Cervidae
Axis calamianensis <Calamian
deer>
Axis kuhlii <Bawean deer,
Kuhl’s hog deer>
Axis porcinus annamiticus
<Ganges hog deer, Thai hog
deer>
Blastocerus dichotomus <Marsh
deer>
Cervus elaphus bactrianus
<Bactrian deer>
Cervus elaphus
barbarus <Atlas deer,
Barbary red deer>
(Algeria, Tunisia)
Cervus elaphus hanglu <Hangul,
Kashmir deer>
Dama dama mesopotamica
<Mesopotamian fallow deer,
Persian fallow deer>
Hippocamelus spp. <Huemuls,
Andean guemals>
Mazama temama
cerasina <Guatemalan
red brocket>
(Guatemala)
Muntiacus crinifrons <Black
muntjac>
Muntiacus vuquangensis <Giant
muntjac>
Odocoileus
virginianus mayensis
<Guatemalan whitetailed deer>
(Guatemala)
Ozotoceros bezoarticus <Pampas
deer>
Pudu mephistophiles <Northern
pudu>
Pudu puda <Chilean pudu>
Rucervus duvaucelii
<Barasingha, swamp deer>
Rucervus eldii <Brow-antlered
deer>
Hippopotamidae
Hexaprotodon liberiensis <Pygmy
hippopotamus>
Hippopotamus amphibius
<Hippopotamus>
Moschidae
Moschus spp. <Musk deer>
(Only the populations of
Afghanistan, Bhutan, India,
Myanmar, Nepal and Pakistan;
all other populations are
included in Appendix II)
Moschus spp. <Musk deer> (Except
the populations of Afghanistan,
Bhutan, India, Myanmar, Nepal and
Pakistan, which are included in
Appendix I)
Suidae
Babyrousa babyrussa
<Babiroussa>
Babyrousa bolabatuensis <Bola
batu babirusa>
Babyrousa celebensis <North
Sulawesi babirusa>
Babyrousa togeanensis
<Malenge babirusa>
Sus salvanius <Pygmy hog>
Tayassuidae
Tayassuidae spp. <Peccaries>
(Except the species included in
Appendix I and the populations of
Pecari tajacu of Mexico and the
United States of America, which
are not included in the Appendices)
Catagonus wagneri <Chacoan
peccary>
CARNIVORA
Ailuridae
Ailurus fulgens <Lesser panda>
Canidae
Canis aureus <Golden
jackal> (India)
Canis lupus <Common wolf,
timber wolf> (Only the
populations of Bhutan, India,
Nepal and Pakistan; all other
populations are included in
Appendix II)
Canis lupus <Common wolf, timber
wolf> (Except the populations of
Bhutan, India, Nepal and Pakistan,
which are included in Appendix I)
Cerdocyon thous <Common zorro,
forest fox>
Chrysocyon brachyurus <Maned
wolf>
Cuon alpinus <Asiatic wild dog,
red dog>
Lycalopex culpaeus <Andean wolf,
colpeo fox>
Lycalopex fulvipes
Lycalopex griseus <Argentine grey
fox>
Lycalopex gymnocercus <Azara’s
zorro, pampa fox>
Speothos venaticus <Bush dog>
Vulpes bengalensis
<Bengal fox> (India)
Vulpes cana <Afghan fox>
Vulpes vulpes griffithi
<Red fox> (India)
Vulpes vulpes
montana <Mountain
red fox> (India)
Vulpes vulpes pusilla
<Red fox> (India)
Vulpes zerda <Fennec fox>
Eupleridae
Cryptoprocta ferox <Fosa>
Eupleres goudotii <Falanouc>
Fossa fossana <Fanaloka>
Felidae
Felidae spp. <Cats> (Except
the species included in
Appendix I. Specimens of the
domesticated form are not
subject to the provisions of
this Ordinance)
Acinonyx jubatus <Cheetah>
(Annual export quotas for live
specimens and hunting trophies are
granted as follows: Botswana: 5;
Namibia: 150; Zimbabwe: 50. The
trade in such specimens is subject
to the provisions of this Ordinance)
Caracal caracal <African caracal>
(Only the population of Asia; all
other populations are included in
Appendix II)
Catopuma temminckii <Asiatic
golden cat>
Felis nigripes <Black-footed cat>
Leopardus geoffroyi <Geoffroy’s
cat>
Leopardus jacobitus <Andean cat>
Leopardus pardalis <Ocelot>
Leopardus tigrinus <Little spotted
cat>
Leopardus wiedii <Margay>
Lynx pardinus <Iberian lynx>
Neofelis nebulosa <Clouded
leopard>
Panthera leo persica <Asiatic
lion>
Panthera onca <Jaguar>
Panthera pardus <Leopard>
Panthera tigris <Tiger>
Pardofelis marmorata <Marbled
cat>
Prionailurus bengalensis
bengalensis <Bengal leopard cat>
(Only the populations of
Bangladesh, India and Thailand; all
other populations are included in
Appendix II)
Prionailurus planiceps <Flatheaded cat>
Prionailurus rubiginosus <Rustyspotted cat> (Only the population
of India; all other populations are
included in Appendix II)
Puma concolor coryi <Florida
cougar, Florida puma>
Puma concolor costaricensis
<Central American puma, Costa
Rican puma>
Puma concolor couguar <Eastern
cougar, eastern puma>
Puma yagouaroundi <Eyra cat,
jaguarundi> (Only the populations
of Central and North America; all
other populations are included in
Appendix II)
Uncia uncia <Ounce, snow
leopard>
Herpestidae
Herpestes edwardsi
<Indian grey mongoose>
(India)
Herpestes fuscus <Indian
brown mongoose>
(India)
Herpestes javanicus
auropunctatus <Small
Indian mongoose>
(India)
Herpestes smithii
<Ruddy mongoose>
(India)
Herpestes urva <Crabeating mongoose>
(India)
Herpestes vitticollis
<Stripe-necked
mongoose> (India)
Hyaenidae
Proteles cristata
<Aardwolf> (Botswana)
Mephitidae
Conepatus humboldtii
<Humboldt’s hog-nosed
skunk, Patagonian hog-nosed
skunk>
Mustelidae
Lutrinae
Lutrinae spp. <Otters> (Except
the species included in
Appendix I)
Aonyx capensis microdon
<Cameroon clawless otter> (Only
the populations of Cameroon and
Nigeria; all other populations are
included in Appendix II)
Enhydra lutris nereis <California
sea otter, southern sea otter>
Lontra felina <Chingungo, marine
otter>
Lontra longicaudis <Long-tailed
otter, South American river otter>
Lontra provocax <Huillin, southern
river otter>
Lutra lutra <Common otter,
Eurasian otter>
Lutra nippon
Pteronura brasiliensis <Giant
Brazilian otter>
Mustelinae
Eira barbara <Tayra>
(Honduras)
Galictis vittata <Greater
grison> (Costa Rica)
Martes flavigula
<Central Asian stone
marten> (India)
Martes foina intermedia
<Central Asian stone
marten> (India)
Martes gwatkinsii
<Nilgiri marten> (India)
Mellivora capensis
<Honey badger>
(Botswana)
Mustela altaica
<Mountain weasel>
(India)
Mustela erminea
ferghanae <Ermine>
(India)
Mustela kathiah
<Yellow-bellied weasel>
(India)
Mustela nigripes <Black-footed
ferret>
Mustela sibirica
<Siberian weasel>
(India)
Odobenidae
Odobenus rosmarus
<Walrus> (Canada)
Otariidae
Arctocephalus spp. <Southern
fur seals> (Except the species
included in Appendix I)
Arctocephalus townsendi
<Guadalupe fur seal>
Phocidae
Mirounga leonina <South
Atlantic elephant-seal>
Monachus spp. <Monk seals>
Procyonidae
Bassaricyon gabbii
<Bushy-tailed olingo>
(Costa Rica)
Bassariscus sumichrasti
<Central American
cacomistle> (Costa Rica)
Nasua narica <Coati>
(Honduras)
Nasua nasua solitaria
<South Brazilian coati>
(Uruguay)
Potos flavus <Kinkajou>
(Honduras)
Ursidae
Ursidae spp. <Bears>
(Except the species included
in Appendix I)
Ailuropoda melanoleuca <Giant
panda>
Helarctos malayanus <Malayan
sun bear>
Melursus ursinus <Sloth bear>
Tremarctos ornatus <Andean
bear, spectacled bear>
Ursus arctos <Brown bear>
(Only the populations of
Bhutan, China, Mexico and
Mongolia; all other populations
are included in Appendix II)
Ursus arctos isabellinus
<Himalayan brown bear>
Ursus thibetanus <Asiatic black
bear>
Viverridae
Arctictis binturong
<Binturong> (India)
Civettictis civetta
<African civet>
(Botswana)
Cynogale bennettii <Ottercivet>
Hemigalus derbyanus
<Banded musang, banded
palm civet>
Paguma larvata
<Masked palm civet>
(India)
Paradoxurus
hermaphroditus
<Common palm civet>
(India)
Paradoxurus jerdoni
<Jerdon’s palm civet>
(India)
Prionodon linsang <Banded
linsang>
Prionodon pardicolor <Spotted
linsang>
Viverra civettina
<Malabar largespotted civet> (India)
Viverra zibetha
<Large Indian civet>
(India)
Viverricula indica
<Small Indian civet>
(India)
CETACEA
CETACEA spp. <e.g.
Cetaceans, dolphins,
porpoises, whales> (Except
the species included in
Appendix I. A zero annual
export quota has been
established for live
specimens from the Black
Sea population of Tursiops
truncatus <Bottle-nosed
dolphin> removed from the
wild and traded for
primarily commercial
purposes)
Balaenidae
Balaena mysticetus
<Bowhead whale, Greenland
right whale>
Eubalaena spp. <Right
whales>
Balaenopteridae
Balaenoptera acutorostrata
<Lesser rorqual, minke
whale> (Except the
population of West
Greenland, which is included
in Appendix II)
Balaenoptera bonaerensis
<Antarctic minke whale>
Balaenoptera borealis
<Coalfish whale, sei whale>
Balaenoptera edeni <Bryde’s
whale>
Balaenoptera musculus
<Blue whale>
Balaenoptera physalus
<Common rorqual, fin
whale>
Megaptera novaeangliae
<Bunch, humpback whale>
Delphinidae
Orcaella brevirostris
<Irrawaddy dolphin>
Sotalia spp. <River
dolphins>
Sousa spp. <Humpback
dolphins>
Eschrichtiidae
Eschrichtius robustus <Devil
fish, grey whale>
Iniidae
Lipotes vexillifer <Baiji,
white flat dolphin>
Neobalaenidae
Caperea marginata <Pygmy
right whale>
Phocoenidae
Neophocaena phocaenoides
<Black finless porpoise>
Phocoena sinus <Cochito>
Physeteridae
Physeter catodon <Cachelot,
sperm whale>
Platanistidae
Platanista spp. <Susus>
Ziphiidae
Berardius spp. <Beaked
whales>
Hyperoodon spp.
<Bottlenose whales>
CHIROPTERA
Phyllostomidae
Platyrrhinus lineatus
<White-lined bat>
(Uruguay)
Pteropodidae
Acerodon spp. <Flying-foxes>
(Except the species included in
Appendix I)
Acerodon jubatus <Goldencapped fruit bat>
Pteropus spp. <Flying-foxes>
(Except the species included in
Appendix I)
Pteropus insularis <Chuuk
flying-fox>
Pteropus loochoensis
Pteropus mariannus
<Marianas flying-fox>
Pteropus molossinus
<Caroline flying-fox>
Pteropus pelewensis <Palau
flying-fox>
Pteropus pilosus <Large
Palau flying-fox>
Pteropus samoensis
<Samoan flying-fox>
Pteropus tonganus <Insular
flying-fox>
Pteropus ualanus <Kosrae
flying-fox>
Pteropus yapensis <Yap
flying-fox>
CINGULATA
Dasypodidae
Cabassous centralis
<Northern naked-tailed
armadillo> (Costa Rica)
Cabassous tatouay
<Greater naked-tailed
armadillo> (Uruguay)
Chaetophractus nationi <Andean
hairy armadillo> (A zero annual
export quota has been established.
All specimens shall be deemed to
be specimens of species included in
Appendix I)
Priodontes maximus <Giant
armadillo>
DASYUROMORPHIA
Dasyuridae
Sminthopsis longicaudata
<Long-tailed dunnart>
Sminthopsis psammophila
<Large desert marsupialmouse>
Thylacinidae
Thylacinus cynocephalus
<Tasmanian tiger> (possibly
extinct)
DIPROTODONTIA
Macropodidae
Dendrolagus inustus <Grizzled
tree-kangaroo>
Dendrolagus ursinus <Black treekangaroo>
Lagorchestes hirsutus
<Ormala>
Lagostrophus fasciatus
<Banded hare-wallaby>
Onychogalea fraenata
<Bridled nailtail wallaby>
Onychogalea lunata
<Crescent nailtail wallaby>
Phalangeridae
Phalanger intercastellanus
<Eastern common cuscus>
Phalanger mimicus <Cryptic
cuscus>
Phalanger orientalis <Common
phalanger, grey cuscus>
Spilocuscus kraemeri <Admiralty
cuscus>
Spilocuscus maculatus <Common
spotted cuscus>
Spilocuscus papuensis <Waigeo
cuscus>
Potoroidae
Bettongia spp. <Bettongs>
Caloprymnus campestris
<Buff-nosed rat-kangaroo>
(possibly extinct)
Vombatidae
Lasiorhinus krefftii
<Northern hairy-nosed
wombat>
LAGOMORPHA
Leporidae
Caprolagus hispidus <Assam
rabbit>
Romerolagus diazi <Volcano
rabbit>
MONOTREMATA
Tachyglossidae
Zaglossus spp. <Long-nosed
echidnas>
PERAMELEMORPHIA
Chaeropodidae
Chaeropus ecaudatus <Pig-
footed bandicoot> (possibly
extinct)
Peramelidae
Perameles bougainville
<Barred bandicoot>
Thylacomyidae
Macrotis lagotis <Bilby>
Macrotis leucura <Lesser
bilby>
PERISSODACTYLA
Equidae
Equus africanus <African
ass> (Excludes the
domesticated form, which is
referenced as Equus asinus,
and is not subject to the
provisions of this Ordinance)
Equus grevyi <Grevy’s
zebra>
Equus hemionus <Asian wild ass>
(Except the subspecies included in
Appendix I)
Equus hemionus hemionus
<Dziggetai, Mongolian wild
ass>
Equus hemionus khur
<Ghor-khar, Indian wild
ass>
Equus kiang <Kiang>
Equus przewalskii
<Mongolian wild horse,
Przewalski’s horse>
Equus zebra hartmannae
<Hartmann’s mountain zerba>
Equus zebra zebra <Cape
mountain zebra>
Rhinocerotidae
Rhinocerotidae spp.
<Rhinoceroses> (Except the
subspecies included in
Appendix II)
Ceratotherium simum simum
<Southern square-lipped
rhinoceros> (Only the populations
of South Africa and Swaziland; all
other populations are included in
Appendix I. For the exclusive
purpose of allowing international
trade in live animals to appropriate
and acceptable destinations and
hunting trophies. All other
specimens shall be deemed to be
specimens of species included in
Appendix I)
Tapiridae
Tapiridae spp. <Tapirs>
(Except the species included
in Appendix II)
Tapirus terrestris <Brazilian tapir>
PHOLIDOTA
Manidae
Manis spp. <Pangolins> (A zero
annual export quota has been
established for Manis
crassicaudata, M. culionensis, M.
javanica and M. pentadactyla for
specimens removed from the wild
and traded for primarily
commercial purposes)
PILOSA
Bradypodidae
Bradypus variegatus <Bolivian
three-toed sloth>
Megalonychidae
Choloepus hoffmanni
<Hoffmann’s two-toed
sloth> (Costa Rica)
Myrmecophagidae
Myrmecophaga tridactyla <Giant
anteater>
Tamandua mexicana
<Northern tamandua>
(Guatemala)
PRIMATES
PRIMATES spp. <e.g. Apes,
monkeys, primates> (Except the
species included in Appendix I)
Atelidae
Alouatta coibensis
<Coiba Island howling
monkey>
Alouatta palliata
<Mantled howler>
Alouatta pigra
<Guatemalan howler>
Ateles geoffroyi
frontatus <Blackbrowed spider monkey>
Ateles geoffroyi
panamensis <Panama
spider monkey>
Brachyteles arachnoides
<Muriqui>
Brachyteles
hypoxanthus
Oreonax flavicauda
<Yellow-tailed woolly
monkey>
Cebidae
Callimico goeldii
<Goeldi’s marmoset>
Callithrix aurita
<Buffy-tufted-ear
marmoset>
Callithrix flaviceps
<Buffy-headed
marmoset>
Leontopithecus spp.
<Lion tamarins>
Saguinus bicolor <Barefaced tamarin>
Saguinus geoffroyi
<Cotton-top marmoset>
Saguinus leucopus
<White-footed tamarin>
Saguinus martinsi
<Martins’s bared-faced
tamarin>
Saguinus oedipus
<Cotton-headed
tamarin>
Saimiri oerstedii
<Central American
squirrel monkey>
Cercopithecidae
Cercocebus galeritus
<Tana river mangabey>
Cercopithecus diana
<Diana guenon>
Cercopithecus roloway
<Roloway monkey>
Macaca silenus <Liontailed macaque>
Mandrillus leucophaeus
<Drill>
Mandrillus sphinx
<Mandrill>
Nasalis larvatus <Longnosed monkey>
Piliocolobus kirkii
<Kirk’s colobus>
Piliocolobus
rufomitratus <Tana river
colobus>
Presbytis potenziani
<Long-tailed langur>
Pygathrix spp. <Snubnosed monkeys>
Rhinopithecus spp.
Semnopithecus ajax
<Kashmir grey langur>
Semnopithecus
dussumieri <Southern
plains grey langur>
Semnopithecus entellus
<Common langur>
Semnopithecus hector
<Tarai grey langur>
Semnopithecus
hypoleucos <Blackfooted grey langur>
Semnopithecus priam
<Tufted grey langur>
Semnopithecus
schistaceus <Nepal grey
langur>
Simias concolor
<Mentawi Islands snubnosed langur>
Trachypithecus geei
<Golden langur>
Trachypithecus pileatus
<Bonneted langur>
Trachypithecus
shortridgei
<Shortridge’s langur;
Shortridge’s leaf
monkey>
Cheirogaleidae
Cheirogaleidae spp.
<Dwarf lemurs>
Daubentoniidae
Daubentonia
madagascariensis
<Aye-aye>
Hominidae
Gorilla beringei
Gorilla gorilla
<Gorilla>
Pan spp.
<Chimpanzees>
Pongo abelii <Sumatran
orang-utan>
Pongo pygmaeus
<Orang-utan>
Hylobatidae
Hylobatidae spp.
<Gibbons>
Indriidae
Indriidae spp. <Indris>
Lemuridae
Lemuridae spp.
<Lemurs>
Lepilemuridae
Lepilemuridae spp.
<Sportive lemurs>
Lorisidae
Nycticebus spp. <Slow
lorises>
Pithecidae
Cacajao spp. <Uakaris>
Chiropotes albinasus
<Red-nosed saki>
PROBOSCIDEA
Elephantidae
Elephas maximus
<Asian elephant>
Loxodonta africana
<African elephant>
(Except the populations
of Botswana, Namibia,
South Africa and
Zimbabwe, which are
included in Appendix II)
Loxodonta africana5 <African
elephant> (Only the populations of
Botswana, Namibia, South Africa
and Zimbabwe; all other
populations are included in
Appendix I)
RODENTIA
Chinchillidae
Chinchilla spp.
<Chinchillas>
(Specimens of the
domesticated form are
not subject to the
provisions of this
Ordinance)
Cuniculidae
Cuniculus paca
<Spotted paca>
(Honduras)
Dasyproctidae
Dasyprocta punctata
<Central American
agouti> (Honduras)
Erethizontidae
Sphiggurus mexicanus
<Mexican tree
porcupine>
(Honduras)
Sphiggurus spinosus
<Spiny tree
porcupine> (Uruguay)
Muridae
Leporillus conditor
<Greater stick-nest rat>
Pseudomys fieldi
praeconis <Shark bay
mouse>
Xeromys myoides <False
swamp rat>
Zyzomys pedunculatus
<Central rock-rat>
Sciuridae
Cynomys mexicanus
<Mexican prairie
marmot>
Marmota caudata
<Long-tailed marmot>
(India)
Marmota himalayana
<Himalayan marmot>
(India)
Ratufa spp. <Giant squirrels>
Sciurus deppei
<Deppe’s squirrel>
(Costa Rica)
SCANDENTIA
Tupaiidae
Tupaiidae spp. <Tree shrews>
SIRENIA
Dugongidae
Dugong dugon
<Dugong>
Trichechidae
Trichechus inunguis
<Amazonian manatee>
Trichechus manatus
<American manatee,
West Indian manatee>
Trichechus senegalensis <African
manatee, West African manatee>
CLASS AVES
<BIRDS>
ANSERIFORMES
Anatidae
Anas aucklandica
<Brown teal>
Anas bernieri <Madagascar teal>
Anas chlorotis <New
Zealand brown duck,
New Zealand brown
teal>
Anas formosa <Baikal teal>
Anas laysanensis
<Laysan duck>
Anas nesiotis
<Campbell Island
flightless teal, Campbell
Island teal>
Anas oustaleti
<Marianas Island duck>
Branta canadensis
leucopareia <Aleutian
Canada goose>
Branta ruficollis <Red-breasted
goose>
Branta sandvicensis
<Hawaiian goose>
Cairina moschata
<Muscovy duck>
(Honduras)
Cairina scutulata
<White-winged duck>
Coscoroba coscoroba <Coscoroba
swan>
Cygnus melancoryphus <Blacknecked swan>
Dendrocygna arborea <Blackbilled wood-duck>
Dendrocygna
autumnalis <Blackbellied whistlingduck> (Honduras)
Dendrocygna bicolor
<Fulvous tree-duck>
(Honduras)
Oxyura leucocephala <Whiteheaded duck>
Rhodonessa
caryophyllacea <Pinkheaded duck> (possibly
extinct)
Sarkidiornis melanotos <Comb
duck>
APODIFORMES
Trochilidae
Trochilidae spp. <Hummingbirds>
(Except the species included in
Appendix I)
Glaucis dohrnii <Hookbilled hermit>
CHARADRIIFORMES
Burhinidae
Burhinus bistriatus
<Double-striped thick
knee> (Guatemala)
Laridae
Larus relictus <Relict
gull>
Scolopacidae
Numenius borealis
<Eskimo curlew>
Numenius tenuirostris
<Slender-billed curlew>
Tringa guttifer
<Nordmann’s
greenshank>
CICONIIFORMES
Balaenicipitidae
Balaeniceps rex <Shoebill, whaleheaded stork>
Ciconiidae
Ciconia boyciana
<Japanese white stork>
Ciconia nigra <Black stork>
Jabiru mycteria
<Jabiru>
Mycteria cinerea
<Milky stork>
Phoenicopteridae
Phoenicopteridae spp. <Flamingos>
Threskiornithidae
Eudocimus ruber <Scarlet ibis>
Geronticus calvus <Bald ibis>
Geronticus eremita
<Bald ibis, hermit ibis>
Nipponia nippon
<Crested ibis, Japanese
crested ibis>
Platalea leucorodia <Eurasian
spoonbill, spoonbill>
COLUMBIFORMES
Columbidae
Caloenas nicobarica
<Nicobar dove>
Ducula mindorensis
<Mindoro imperialpigeon>
Gallicolumba luzonica <Bleeding
heart dove>
Goura spp. <Crowned-pigeons>
Nesoenas mayeri
<Pink pigeon>
(Mauritius)
CORACIIFORMES
Bucerotidae
Aceros spp. <Hornbills> (Except
the species included in
Appendix I)
Aceros nipalensis <Rufouscheeked hornbill>
Anorrhinus spp. <Hornbills>
Anthracoceros spp. <Hornbills>
Berenicornis spp. <Hornbills>
Buceros spp. <Hornbills>
(Except the species included in
Appendix I)
Buceros bicornis <Concavecasqued hornbill, great hornbill>
Penelopides spp. <Hornbills>
Rhinoplax vigil <Helmeted
hornbill>
Rhyticeros spp. <Hornbills>
(Except the species included in
Appendix I)
Rhyticeros subruficollis <Blyth’s
hornbill, plain-pouched hornbill>
CUCULIFORMES
Musophagidae
Tauraco spp. <Turacos>
FALCONIFORMES
FALCONIFORMES spp. <Birds
of prey, raptors (e.g. eagles,
hawks, falcons, vultures)>
(Except the species included in
Appendices I and III and the
species of the family
Cathartidae)
Accipitridae
Aquila adalberti <Adalbert’s
eagle>
Aquila heliaca <Eastern imperial
eagle, imperial eagle>
Chondrohierax uncinatus wilsonii
<Cuban hook-billed kite>
Haliaeetus albicilla <Grey sea
eagle, white-tailed eagle>
Harpia harpyja <American harpy
eagle>
Pithecophaga jefferyi <Great
Philippine eagle>
Cathartidae
Gymnogyps californianus
<California condor>
Sarcoramphus papa
<King vulture>
(Honduras)
Vultur gryphus <Andean condor>
Falconidae
Falco araeus <Seychelles kestrel>
Falco jugger <Laggar falcon>
Falco newtoni <Madagascar
kestrel, Aldabra kestrel> (Only the
population of Seychelles)
Falco pelegrinoides <Barbary
falcon>
Falco peregrinus <Duck hawk,
peregrine falcon>
Falco punctatus <Mauritius
kestrel>
Falco rusticolus <Gyr falcon>
GALLIFORMES
Cracidae
Crax alberti <Bluebilled curassow>
(Colombia)
Crax blumenbachii
<Blumenbach’s curassow, redbilled curassow>
Crax daubentoni
<Yellow-knobbed
curassow> (Colombia)
Crax globulosa
<Wattled curassow>
(Colombia)
Crax rubra <Great
curassow> (Colombia,
Costa Rica, Guatemala,
Honduras)
Mitu mitu <Alagoas curassow,
razor-billed curassow>
Oreophasis derbianus <Derby’s
guan, horned guan>
Ortalis vetula <Plain
chachalaca>
(Guatemala, Honduras)
Pauxi pauxi <Helmeted
curassow> (Colombia)
Penelope albipennis <Whitewinged guan>
Penelope purpurascens
<Crested guan>
(Honduras)
Penelopina nigra
<Highland guan>
(Guatemala)
Pipile jacutinga <Black-fronted
curassow, black-fronted piping
guan>
Pipile pipile <Trinidad pipingguan, Trinidad white-headed
curassow>
Megapodiidae
Macrocephalon maleo <Celebes
maleo>
Phasianidae
Arborophila campbelli
<Campbell’s hill
partridge> (Malaysia)
Arborophila charltonii
<Chestnut-breasted
tree-partridge>
(Malaysia)
Argusianus argus <Argus
pheasant, great argus>
Caloperdix oculeus
<Ferruginous partridge,
ferruginous woodpartridge> (Malaysia)
Catreus wallichii <Cheer
pheasant>
Colinus virginianus ridgwayi
<Masked bobwhite>
Crossoptilon crossoptilon <White
eared-pheasant>
Crossoptilon mantchuricum
<Brown eared-pheasant>
Gallus sonneratii <Grey
junglefowl>
Ithaginis cruentus <Blood
pheasant>
Lophophorus impejanus
<Himalayan monal>
Lophophorus lhuysii <Chinese
impeyan, Chinese monal>
Lophophorus sclateri <Crestless
monal, Sclater’s monal>
Lophura edwardsi <Edward’s
pheasant>
Lophura
erythrophthalma
<Crestless fireback>
(Malaysia)
Lophura ignita
<Crested fireback>
(Malaysia)
Lophura imperialis <Imperial
pheasant>
Lophura swinhoii <Swinhoe’s
pheasant>
Melanoperdix niger
<Black wood-patridge>
(Malaysia)
Meleagris ocellata
<Ocellated turkey>
(Guatemala)
Pavo muticus <Green peafowl>
Polyplectron bicalcaratum
<Common peacock-pheasant,
grey peacock-pheasant>
Polyplectron germaini
<Germain’s peacock-pheasant>
Polyplectron
inopinatum <Mountain
peacock-pheasant>
(Malaysia)
Polyplectron malacense
<Crested peacock-pheasant>
Polyplectron napoleonis
<Napoleon’s peacock-pheasant,
Palawan peacock-pheasant>
Polyplectron schleiermacheri
<Bornean peacock-pheasant>
Rheinardia ocellata <Crested
argus>
Rhizothera dulitensis
<Dulit partridge>
(Malaysia)
Rhizothera longirostris
<Long-billed partridge>
(Malaysia)
Rollulus rouloul
<Crested partridge>
(Malaysia)
Syrmaticus ellioti <Chinese
barred-backed pheasant, Elliot’s
pheasant>
Syrmaticus humiae <Hume’s bartailed pheasant>
Syrmaticus mikado <Mikado
pheasant>
Tetraogallus caspius <Caspian
snowcock>
Tetraogallus tibetanus <Tibetan
snowcock>
Tragopan blythii <Blyth’s
tragopan>
Tragopan caboti <Cabot’s
tragopan>
Tragopan melanocephalus
<Black-headed tragopan, western
tragopan>
Tragopan satyra
<Crimson hornedpheasant, satyr
tragopan> (Nepal)
Tympanuchus cupido attwateri
<Attwater’s prairie-chicken>
GRUIFORMES
Gruidae
Gruidae spp. <Cranes>
(Except the species included
in Appendix I)
Grus americana <Whooping
crane>
Grus canadensis nesiotes
<Cuban sandhill crane>
Grus canadensis pulla
<Mississippi sandhill crane>
Grus japonensis <Japanese
crane, red-crowned crane>
Grus leucogeranus <Siberian
crane>
Grus monacha <Hooded
crane>
Grus nigricollis <Black-necked
crane>
Grus vipio <White-naped
crane>
Otididae
Otididae spp. <Bustards>
(Except the species included
in Appendix I)
Ardeotis nigriceps <Great
Indian bustard>
Chlamydotis macqueenii
Chlamydotis undulata
<Houbara bustard>
Houbaropsis bengalensis
<Bengal bustard, Bengal
florican>
Rallidae
Gallirallus sylvestris <Lord
Howe Island rail>
Rhynochetidae
Rhynochetos jubatus <Kagu>
PASSERIFORMES
Atrichornithidae
Atrichornis clamosus <Noisy
scrub-bird>
Cotingidae
Cephalopterus
ornatus <Amazonian
umbrellabird>
(Colombia)
Cephalopterus
penduliger <Longwattled umbrellabird>
(Colombia)
Cotinga maculata <Banded
cotinga>
Rupicola spp. <Cocks-of-therock>
Xipholena atropurpurea
<White-winged cotinga>
Emberizidae
Gubernatrix cristata
<Yellow cardinal>
Paroaria capitata
<Yellow-billed cardinal>
Paroaria coronata <Redcrested cardinal>
Tangara fastuosa <Sevencolored tanager>
Estrildidae
Amandava formosa
<Green avadavat>
Lonchura oryzivora <Java
sparrow>
Poephila cincta cincta
<Southern black-throated
finch>
Fringillidae
Carduelis cucullata <Red siskin>
Carduelis yarrellii
<Yellow-faced siskin>
Hirundinidae
Pseudochelidon sirintarae <White-eyed
river martin>
Icteridae
Xanthopsar flavus <Saffron-cowled
blackbrid>
Meliphagidae
Lichenostomus melanops cassidix
<Helmeted honeyeater>
Muscicapidae
Acrocephalus
rodericanus
<Rodrigues brushwarbler> (Mauritius)
Cyornis ruckii <Rueck’s
blue-flycatcher>
Dasyornis broadbenti litoralis <Lesser
rufous bristlebird> (possibly extinct)
Dasyornis longirostris <Long-billed
bristlebird>
Garrulax canorus
<Hwamei>
Leiothrix argentauris
<Silver-eared mesia>
Leiothrix lutea <Red-billed
leiothrix>
Liocichla omeiensis
<Mount Omei liocichla,
Omei Shan liocichla>
Picathartes gymnocephalus <Bareheaded rockfowl, white-necked
rockfowl>
Picathartes oreas <Grey-necked
picathartes, grey-necked rockfowl>
Terpsiphone
bourbonnensis
<Rodrigues brushwarbler> (Mauritius)
Paradisaeidae
Paradisaeidae spp. <Birdsof-paradise>
Pittidae
Pitta guajana <Banded
pitta>
Pitta gurneyi <Gurney’s pitta>
Pitta kochi <Koch’s pitta>
Pitta nympha <Fairy pitta>
Pycnonotidae
Pycnonotus zeylanicus
<Straw-crowned bulbul,
straw-headed bulbul>
Sturnidae
Gracula religiosa <Hill
myna>
Leucopsar rothschildi <Bali myna>
Zosteropidae
Zosterops albogularis <White-breasted
silvereye, white-chested white-eye>
PELECANIFORMES
Fregatidae
Fregata andrewsi <Andrew’s
frigatebird>
Pelecanidae
Pelecanus crispus <Dalmatian pelican>
Sulidae
Papasula abbotti <Abbott’s booby>
PICIFORMES
Capitonidae
Semnornis
ramphastinus <Toucan
barbet> (Colombia)
Picidae
Campephilus imperialis <Imperial
woodpecker>
Dryocopus javensis richardsi
<Tristram’s woodpecker>
Ramphastidae
Baillonius bailloni
<Saffron toucanet>
(Argentina)
Pteroglossus aracari
<Black-necked aracari>
Pteroglossus
castanotis <Chestnuteared aracari>
(Argentina)
Pteroglossus viridis
<Green aracari>
Ramphastos dicolorus
<Red-breasted toucan>
(Argentina)
Ramphastos sulfuratus
<Keel-billed toucan>
Ramphastos toco <Toco
toucan>
Ramphastos tucanus <Redbilled toucan>
Ramphastos vitellinus
<Channel-billed toucan>
Selenidera
maculirostris <Spotbilled toucanet>
(Argentina)
PODICIPEDIFORMES
Podicipedidae
Podilymbus gigas <Atitlan grebe>
PROCELLARIIFORMES
Diomedeidae
Phoebastria albatrus <Short-tailed
albatross>
PSITTACIFORMES
PSITTACIFORMES spp.
<Parrots, psittacines (e.g.
parakeets, cockatoos,
macaws)> (Except the
species included in
Appendix I and Agapornis
roseicollis, Melopsittacus
undulatus, Nymphicus
hollandicus and Psittacula
krameri, which are not
included in the
Appendices)
Cacatuidae
Cacatua goffini <Goffin’s cockatoo>
Cacatua haematuropygia <Philippine
cockatoo, red-vented cockatoo>
Cacatua moluccensis <Moluccan
cockatoo>
Cacatua sulphurea <Lesser sulphurcrested cockatoo, yellow-crested
cockatoo>
Probosciger aterrimus <Palm cockatoo>
Loriidae
Eos histrio <Red-and-blue lory>
Vini ultramarina <Ultramarine lorikeet>
Psittacidae
Amazona arausiaca <Jacquot, rednecked amazon>
Amazona auropalliata <Yellow-naped
amazon>
Amazona barbadensis <Yellowshouldered amazon>
Amazona brasiliensis <Red-tailed
amazon>
Amazona finschi <Lilac-crowned parrot>
Amazona guildingii <Saint Vincent
amazon>
Amazona imperialis <Imperial Amazon>
Amazona leucocephala <Bahamas
parrot, Cuban amazon>
Amazona oratrix <Yellow-headed
amazon>
Amazona pretrei <Red-spectacled
amazon>
Amazona rhodocorytha <Red-browed
amazon>
Amazona tucumana <Alder parrot,
Tucuman amazon>
Amazona versicolor <Saint Lucia
amazon>
Amazona vinacea <Vinaceous amazon>
Amazona viridigenalis <Green-cheeked
amazon>
Amazona vittata <Puerto Rican amazon>
Anodorhynchus spp. <Blue macaws>
Ara ambiguus <Buffon’s macaw>
Ara glaucogularis <Blue-throated
macaw> (Often traded under the
incorrect designation Ara caninde)
Ara macao <Scarlet macaw>
Ara militaris <Military macaw>
Ara rubrogenys <Red-fronted macaw>
Cyanopsitta spixii <Little blue macaw,
Spix’s macaw>
Cyanoramphus cookii <Norfolk Island
parakee>
Cyanoramphus forbesi <Chatham Island
yellow-fronted parakeet>
Cyanoramphus novaezelandiae <New
Zealand parakeet, red-fronted parakeet>
Cyanoramphus saisseti <Red-crowned
parakeet>
Cyclopsitta diophthalma coxeni
<Coxen’s blue-browed fig parrot,
Coxen’s double-eyed fig parrot>
Eunymphicus cornutus <Horned
parakeet>
Geopsittacus occidentalis <Night
parrot> (possibly extinct)
Guarouba guarouba <Golden conure>
Neophema chrysogaster <Orange-bellied
parakeet>
Ognorhynchus icterotis <Yellow-eared
conure>
Pezoporus wallicus <Ground parakeet>
Pionopsitta pileata <Pileated parrot>
Primolius couloni <Blue-headed
macaw>
Primolius maracana <Blue-winged
macaw>
Psephotus chrysopterygius <Goldenshouldered parrot>
Psephotus dissimilis <Hooded parrot>
Psephotus pulcherrimus <Beautiful
parakeet, paradise parrot> (possibly
extinct)
Psittacula echo <Mauritius parakeet>
Pyrrhura cruentata <Blue-chested
parakeet>
Rhynchopsitta spp. <Thick-billed
parrots>
Strigops habroptilus <Kakapo>
RHEIFORMES
Rheidae
Pterocnemia pennata <Darwin’s rhea>
(Except Pterocnemia pennata pennata
which is included in Appendix II)
Pterocnemia pennata
pennata <Darwin’s rhea,
lesser rhea>
Rhea americana
<Common rhea>
SPHENISCIFORMES
Spheniscidae
Spheniscus demersus
<Black-footed penguin,
jackass penguin>
Spheniscus humboldti <Humboldt
penguin>
STRIGIFORMES
STRIGIFORMES spp.
<Owls> (Except the
species included in
Appendix I)
Strigidae
Heteroglaux blewitti <Forest little
owl>
Mimizuku gurneyi <Giant scopsowl>
Ninox natalis <Christmas hawk-owl>
Ninox novaeseelandiae undulata
<Norfolk boobook>
Tytonidae
Tyto soumagnei <Madagascar grass
owl>
STRUTHIONIFORMES
Struthionidae
Struthio camelus <Ostrich> (Only
the populations of Algeria, Burkina
Faso, Cameroon, the Central African
Republic, Chad, Mali, Mauritania,
Morocco, the Niger, Nigeria, Senegal
and the Sudan; all other populations
are not included in the Appendices)
TINAMIFORMES
Tinamidae
Tinamus solitarius <Solitary
tinamou>
TROGONIFORMES
Trogonidae
Pharomachrus mocinno
<Magnificent quetzal>
CLASS REPTILIA
<REPTILES>
CROCODYLIA
CROCODYLIA spp. <e.g.
alligators, crocodiles or
caimans> (Except the species
included in Appendix I)
Alligatoridae
Alligator sinensis <China alligator,
Chinese alligator>
Caiman crocodilus apaporiensis
<Apaporis river caiman>
Caiman latirostris <Broad-nosed
caiman> (Except the population of
Argentina, which is included in
Appendix II)
Melanosuchus niger <Black caiman>
(Except the population of Brazil,
which is included in Appendix II, and
the population of Ecuador, which is
included in Appendix II, and is
subject to a zero annual export quota
until an annual export quota has been
approved by the Secretariat and the
IUCN/SSC Crocodile Specialist
Group under the Convention)
Crocodylidae
Crocodylus acutus <American
crocodile> (Except the population of
Cuba, which is included in Appendix
II)
Crocodylus cataphractus <African
sharp-nosed crocodile>
Crocodylus intermedius <Orinoco
crocodile>
Crocodylus mindorensis <Mindoro
crocodile>
Crocodylus moreletii <Belize
crocodile, Morelet’s crocodile>
Crocodylus niloticus <African
crocodile, Nile crocodile> [Except
the populations of Botswana,
Ethiopia, Kenya, Madagascar,
Malawi, Mozambique, Namibia,
South Africa, Uganda, the United
Republic of Tanzania (subject to an
annual export quota of no more than
1600 wild specimens including
hunting trophies, in addition to
ranched specimens), Zambia and
Zimbabwe, which are included in
Appendix II]
Crocodylus palustris <Broad-snouted
crocodile, mugger crocodile>
Crocodylus porosus <Estuarine
crocodile> (Except the populations of
Australia, Indonesia and Papua New
Guinea, which are included in
Appendix II)
Crocodylus rhombifer <Cuban
crocodile>
Crocodylus siamensis <Siamese
crocodile>
Osteolaemus tetraspis <African
dwarf crocodile>
Tomistoma schlegelii <False gavial>
Gavialidae
Gavialis gangeticus <Fish-eating
crocodile>
RHYNCHOCEPHALIA
Sphenodontidae
Sphenodon spp. <Tuataras>
SAURIA
Agamidae
Uromastyx spp. <Mastigures,
spiny-tailed lizards>
Chamaeleonidae
Bradypodion spp.
<Chameleons>
Brookesia spp. <Chameleons>
(Except the species included in
Appendix I)
Brookesia perarmata <Antsingy leaf
chameleon>
Calumma spp. <Chameleons>
Chamaeleo spp. <Chameleons>
Furcifer spp. <Chameleons>
Cordylidae
Cordylus spp. <Crag lizards,
girdled lizards, spiny-tailed
lizards>
Gekkonidae
Cyrtodactylus serpensinsula
<Serpent Island gecko>
Hoplodactylus spp.
<Sticky-toed
geckos> (New
Zealand)
Naultinus spp. <Tree
geckos> (New
Zealand)
Phelsuma spp. <Day geckos>
Uroplatus spp. <Leaf-tailed
geckos>
Helodermatidae
Heloderma spp. <Poisonous
lizards> (Except the subspecies
included in Appendix I)
Heloderma horridum charlesbogerti
<Beaded lizard>
Iguanidae
Amblyrhynchus cristatus
<Galapagos marine iguana>
Brachylophus spp. <Fijian iguanas>
Conolophus spp. <Land
iguanas>
Cyclura spp. <Ground iguanas>
Iguana spp. <Iguanas>
Phrynosoma coronatum <Coast
horned lizard>
Sauromalus varius <San Esteban
Island chuckwalla>
Lacertidae
Gallotia simonyi <Hierro giant
lizard>
Podarcis lilfordi <Liford’s wall
lizard>
Podarcis pityusensis <Ibiza wall
lizard>
Scincidae
Corucia zebrata <Prehensiletailed skink, Solomon Islands
giant skink>
Teiidae
Crocodilurus amazonicus
<Crocodile tegu>
Dracaena spp. <Caiman lizards>
Tupinambis spp. <Tegu lizards>
Varanidae
Varanus spp. <Monitor lizards>
(Except the species included in
Appendix I)
Varanus bengalensis <Bengal black
lizard, Bengal monitor>
Varanus flavescens <Calcutta ovalgrain lizard, yellow monitor>
Varanus griseus <Agra lizard, desert
monitor>
Varanus komodoensis <Komodo
dragon>
Varanus nebulosus <Clouded
monitor>
Xenosauridae
Shinisaurus crocodilurus
<Chinese crocodile lizard>
SERPENTES
Boidae
Boidae spp. <Boas> (Except the
species included in Appendix I)
Acrantophis spp. <Madagascar
ground boas>
Boa constrictor occidentalis
<Argentine boa constrictor>
Epicrates inornatus <Puerto Rican
boa>
Epicrates monensis <Mona Island
boa>
Epicrates subflavus <Jamaican boa>
Sanzinia madagascariensis
<Madagascar tree boa>
Bolyeriidae
Bolyeriidae spp. <Round Island
boas> (Except the species
included in Appendix I)
Bolyeria multocarinata <Round
Island burrowing boa>
Casarea dussumieri <Round Island
keel-scaled boa>
Colubridae
Atretium schistosum
<Olive keel-back>
(India)
Cerberus rynchops
<Bockadam> (India)
Clelia clelia <Mussurana>
Cyclagras gigas <Beach cobra>
Elachistodon westermanni
<Indian egg-eater, Indian egg-
eating snake>
Ptyas mucosus <Common rat
snake>
Xenochrophis
piscator <Chequered
keelback> (India)
Elapidae
Hoplocephalus bungaroides
<Broad-headed snake>
Micrurus diastema
<Atlantic coral
snake> (Honduras)
Micrurus
nigrocinctus
<Black-banded coral
snake> (Honduras)
Naja atra <Chinese cobra>
Naja kaouthia <Monocellate
cobra>
Naja mandalayensis
Naja naja <Asian cobra>
Naja oxiana <Central Asian
cobra>
Naja philippinensis <North
Philippine spitting cobra>
Naja sagittifera <Andaman
cobra>
Naja samarensis <Peter’s cobra>
Naja siamensis <Indochinese
spitting cobra>
Naja sputatrix <Southern
Indochinese spitting cobra>
Naja sumatrana <Equatorial
spitting cobra>
Ophiophagus hannah
<Hamadryad, king cobra>
Loxocemidae
Loxocemidae spp. <New World
pythons>
Pythonidae
Pythonidae spp. <Pythons>
(Except the subspecies included
in Appendix I)
Python molurus molurus <Indian
python>
Tropidophiidae
Tropidophiidae spp. <Boas>
Viperidae
Crotalus durissus
<Cascabel,
neotropical
rattlesnake>
(Honduras)
Daboia russelii
<Russell’s viper>
(India)
Vipera ursinii <Meadow viper>
(Only the population of Europe,
except the area which formerly
constituted the Union of Soviet
Socialist Republics; these latter
populations are not included in the
Appendices)
Vipera wagneri <Wagner’s
viper>
TESTUDINES
Carettochelyidae
Carettochelys insculpta <Pignosed turtle>
Chelidae
Chelodina mccordi <Roti snakenecked turtle>
Pseudemydura umbrina <Western
short-necked turtle>
Cheloniidae
Cheloniidae spp. <Marine turtles, sea
turtles>
Chelydridae
Macrochelys
temminckii
<Alligator
snapping turtle>
(United States of
America)
Dermatemydidae
Dermatemys mawii <Central
American river turtle>
Dermochelyidae
Dermochelys coriacea
<Leatherback>
Emydidae
Glyptemys insculpta <Wood
turtle>
Glyptemys muhlenbergii <Bog turtle>
Graptemys spp.
<Map turtle>
(United States of
America)
Terrapene spp. <Box turtles>
(Except the species included in
Appendix I)
Terrapene coahuila <Aquatic box
turtle>
Geoemydidae
Batagur baska <Batagur>
Callagur borneoensis <Painted
batagur>
Cuora spp. <Asian box turtles>
Geoclemys hamiltonii <Black pond
turtle>
Geoemyda spengleri
<Black-breasted leaf
turtle> (China)
Heosemys annandalii <Yellowheaded temple turtle>
Heosemys depressa <Arakan
forest turtle>
Heosemys grandis <Giant Asian
pond turtle>
Heosemys spinosa <Spiny
terrapin, spiny turtle>
Kachuga spp. <Roofed turtles>
Leucocephalon yuwonoi
<Sulawesi forest turtle>
Malayemys macrocephala
<Snail-eating turtle>
Malayemys subtrijuga <Malayan
snail-eating turtle>
Mauremys annamensis <Annam
leaf turtle>
Mauremys iversoni
<Iverson’s
freshwater turtle>
(China)
Mauremys
megalocephala
<Chinese bigheaded pond turtle>
(China)
Mauremys mutica <Yellow pond
turtle>
Mauremys nigricans
<Chinese blacknecked pond turtle>
(China)
Mauremys
pritchardi <Lashio
pond turtle> (China)
Mauremys reevesii
<Reeves’ turtle>
(China)
Mauremys sinensis
<Chinese stripenecked turtle>
(China)
Melanochelys tricarinata <Threekeeled land tortoise>
Morenia ocellata <Bengal eyed
terrapin>
Notochelys platynota <Malayan
flat-shelled turtle>
Ocadia glyphistoma
<Guangxi stripenecked turtle>
(China)
Ocadia philippeni
<Philippen’s stripenecked turtle>
(China)
Orlitia borneensis <Malayan
giant turtle>
Pangshura spp. (Except the
species included in Appendix I)
Pangshura tecta <Dura turtle, Indian
pond turtle>
Sacalia bealei <Eyespotted turtle, Beal’s
eyed turtle> (China)
Sacalia
pseudocellata
<False eye-spotted
turtle> (China)
Sacalia
quadriocellata
<Four eye-spotted
turtle> (China)
Siebenrockiella crassicollis
<Black marsh turtle>
Siebenrockiella leytensis <Leyte
pond turtle>
Platysternidae
Platysternon megacephalum
<Big-headed turtle>
Podocnemididae
Erymnochelys madagascariensis
<Madagascar big-headed turtle>
Peltocephalus dumerilianus
<Big-headed Amazon River
turtle>
Podocnemis spp. <South
American river turtles>
Testudinidae
Testudinidae spp. <Tortoises>
(Except the species included in
Appendix I. A zero annual export
quota has been established for
Geochelone sulcata <African spurred
tortoise> for specimens removed from
the wild and traded for primarily
commercial purposes)
Astrochelys radiata <Radiated
tortoise>
Astrochelys yniphora
<Angonoka, Madagascar
tortoise>
Chelonoidis nigra <Galapagos
giant tortoise>
Gopherus flavomarginatus
<Bolson tortoise>
Psammobates geometricus
<Geometric tortoise>
Pyxis arachnoides <Spider
tortoise>
Pyxis planicauda <Flat-backed
spider tortoise>
Testudo kleinmanni <Egyptian
tortoise>
Trionychidae
Amyda cartilaginea <Southeast Asian
softshell turtle>
Apalone spinifera atra <Cuatro
Cienegas softshell>
Aspideretes gangeticus <Indian
softshell turtle>
Aspideretes hurum <Indian
peacock softshell turtle>
Aspideretes nigricans <Black
softshell turtle>
Chitra spp. <Narrow-headed softshell
turtles>
Lissemys punctata <Indian flap-shell
turtle>
Lissemys scutata <Burmese flap-shell
turtle>
Palea steindachneri
<Wattle-necked
softshell turtle>
(China)
Pelochelys spp. <Giant softshell
turtles>
Pelodiscus axenaria
(China
Pelodiscus maackii
(China)
Pelodiscus
parviformis
(China)
Rafetus swinhoei
<Yangtze softshell
turtle> (China)
CLASS AMPHIBIA
<AMPHIBIANS>
ANURA
Bufonidae
Altiphrynoides spp.
<Ethiopian toads>
Atelopus zeteki <Cerro
Campana stubfoot toad,
golden frog>
Bufo periglenes <Alajuela
toad, Monte Verde toad,
golden toad>
Bufo superciliaris
<Cameroon toad>
Nectophrynoides spp.
<African viviparous toads>
Nimbaphrynoides spp.
<Nimba toads>
Spinophrynoides spp.
<Ethiopian toads>
Dendrobatidae
Allobates femoralis <Brilliantthighed poison frogs>
Allobates zaparo <Sanguine
poison frog, Zaparo’s poison
frogs>
Cryptophyllobates azureiventris
<Sky-blue poison frogs>
Dendrobates spp. <Poison frogs>
Epipedobates spp. <Poison frogs>
Phyllobates spp. <Poison frogs>
Mantellidae
Mantella spp. <Golden frogs>
Microhylidae
Dyscophus antongilii
<Tomato frog>
Scaphiophryne gottlebei
<Burrowing frog>
Myobatrachidae
Rheobatrachus spp. <Gastricbrooding frogs>
Ranidae
Euphlyctis hexadactylus <Sixfingered frog>
Hoplobatrachus tigerinus <Indian
bullfrog>
CAUDATA
Ambystomatidae
Ambystoma dumerilii <Achoque,
Lake Patzcuaro salamander>
Ambystoma mexicanum <Axolotl>
Cryptobranchidae
Andrias spp. <Giant
salamanders>
CLASS ELASMOBRANCHII
<SHARKS>
LAMNIFORMES
Cetorhinidae
Cetorhinus maximus <Basking
shark>
Lamnidae
Carcharodon carcharias <Great
white shark>
ORECTOLOBIFORMES
Rhincodontidae
Rhincodon typus <Whale shark>
RAJIFORMES
Pristidae
Pristidae spp. <Sawfish>
(Except the species included
in Appendix II)
Pristis microdon <Freshwater
sawfish, greattooth sawfish> (For
the exclusive purpose of allowing
international trade in live animals
to appropriate and acceptable
aquaria for primarily conservation
purposes)
CLASS ACTINOPTERYGII
<FISHES>
ACIPENSERIFORMES
ACIPENSERIFORMES spp.
<Sturgeons> (Except the species
included in Appendix I)
Acipenseridae
Acipenser brevirostrum
<Shortnose sturgeon>
Acipenser sturio <Baltic
sturgeon, common
sturgeon>
ANGUILLIFORMES
Anguillidae
Anguilla anguilla <Common eel,
European eel>
CYPRINIFORMES
Catostomidae
Chasmistes cujus <Cui-ui>
Cyprinidae
Caecobarbus geertsi <African
blind barb fish>
Probarbus jullieni <Jullien’s
golden carp, Ikan temoleh>
OSTEOGLOSSIFORMES
Osteoglossidae
Arapaima gigas <Arapaima>
Scleropages formosus
<Asian arowana, Asiatic
bony tongue>
PERCIFORMES
Labridae
Cheilinus undulatus <Humphead
wrasse>
Sciaenidae
Totoaba macdonaldi
<MacDonald’s weakfish>
SILURIFORMES
Pangasiidae
Pangasianodon gigas
<Giant catfish>
SYNGNATHIFORMES
Syngnathidae
Hippocampus spp. <Seahorses>
CLASS SARCOPTERYGII
<LUNGFISHES>
CERATODONTIFORMES
Ceratodontidae
Neoceratodus forsteri <Australian
lungfish>
COELACANTHIFORMES
Latimeriidae
Latimeria spp.
<Coelacanth>
PHYLUMECHINODERMATA
CLASS HOLOTHUROIDEA
<SEA CUCUMBERS>
ASPIDOCHIROTIDA
Stichopodidae
Isostichopus fuscus
<Brown sea
cucumber>
(Ecuador)
PHYLUM ARTHROPODA
CLASS ARACHNIDA
<SPIDERS>
ARANEAE
Theraphosidae
Aphonopelma albiceps
Aphonopelma pallidum
<Chihuahua rose-grey tarantula>
Brachypelma spp. <Tarantulas>
SCORPIONES
Scorpionidae
Pandinus dictator <Scorpion>
Pandinus gambiensis <Giant
Senelgalese scorpion>
Pandinus imperator <Emperor
scorpion>
CLASS INSECTA
<INSECTS>
COLEOPTERA
Lucanidae
Colophon spp.
<Cape stag
beetles> (South
Africa)
LEPIDOPTERA
Papilionidae
Atrophaneura jophon <Sri Lankan
rose>
Atrophaneura pandiyana
<Malabar rose>
Bhutanitis spp. <Bhutan
swallowtails>
Ornithoptera spp. <Birdwing
butterflies> (Except the species
included in Appendix I)
Ornithoptera alexandrae
<Queen Alexandra’s
birdwing>
Papilio chikae <Luzon
peacock swallowtail>
Papilio homerus <Homerus
swallowtail>
Papilio hospiton <Corsican
swallowtail>
Parnassius apollo <Apollo>
Teinopalpus spp. <Kaiserihinds>
Trogonoptera spp. <Birdwing
butterflies>
Troides spp. <Birdwing
butterflies>
PHYLUM ANNELIDA
CLASS HIRUDINOIDEA
<LEECHES>
ARHYNCHOBDELLIDA
Hirudinidae
Hirudo medicinalis <Medicinal
leech>
PHYLUM MOLLUSCA
CLASS BIVALVIA
<CLAMS, MUSSELS>
MYTILOIDA
Mytilidae
Lithophaga lithophaga <Date
mussel>
UNIONOIDA
Unionidae
Conradilla caelata <Birdwing
pearly mussel>
Cyprogenia aberti <Edible naiad>
Dromus dromas <Dromedary
pearly mussel>
Epioblasma curtisi <Curtis’
pearly mussel>
Epioblasma florentina
<Yellow-blossom pearly
mussel>
Epioblasma sampsonii
<Sampson’s pearly mussel>
Epioblasma sulcata
perobliqua <White Catspan
pearly mussel>
Epioblasma torulosa
gubernaculum <Greenblossom pearly mussel>
Epioblasma torulosa rangiana
<Northern riffleshell>
Epioblasma torulosa torulosa
<Tubercled-blossom pearly
mussel>
Epioblasma turgidula
<Turgid-blossom pearly
mussel>
Epioblasma walkeri <Brownblossom pearly mussel>
Fusconaia cuneolus <Finerayed pigtoe pearly mussel>
Fusconaia edgariana <Shiny
pigtoe pearly mussel>
Lampsilis higginsii <Higgin’s
eye pearly mussel>
Lampsilis orbiculata
orbiculata <Pink mucket
pearly mussel>
Lampsilis satur <Plain
pocketbook pearly mussel>
Lampsilis virescens
<Alabama lamp pearly
mussel>
Plethobasus cicatricosus
<White warty-back pearly
mussel>
Plethobasus cooperianus
<Orangefoot pimpleback
mussel>
Pleurobema clava <Club naiad>
Pleurobema plenum <Rough
pigtoe pearly mussel>
Potamilus capax <Fat
pocketbook pearly mussel>
Quadrula intermedia
<Cumberland monkeyface
pearly mussel>
Quadrula sparsa
<Appalachian monkey-face
pearly mussel>
Toxolasma cylindrella <Pale
lilliput pearly mussel>
Unio nickliniana <Nicklin’s
pearly mussel>
Unio tampicoensis
tecomatensis <Tampico
pearly mussel>
Villosa trabalis <Cumberland
bean pearly mussel>
VENEROIDA
Tridacnidae
Tridacnidae spp. <Giant clams>
CLASS GASTROPODA
<SNAILS AND CONCHES>
ARCHAEOGASTROPODA
Haliotidae
Haliotis midae <Midas
ear abalone> (South
Africa)
MESOGASTROPODA
Strombidae
Strombus gigas <Pink conch, queen
conch>
STYLOMMATOPHORA
Achatinellidae
Achatinella spp. <Little agate
shells>
Camaenidae
Papustyla pulcherrima <Emerald
green snail>
PHYLUMCNIDARIA
CLASS ANTHOZOA
<CORALS, SEA ANEMONES>
ANTIPATHARIA
ANTIPATHARIA spp. <Black
corals>
GORGONACEAE
Coralliidae
Corallium elatius
(China)
Corallium japonicum
(China)
Corallium konjoi
<White coral> (China)
Corallium secundum
<Angelskin coral, pink
coral> (China)
HELIOPORACEA
Helioporidae
Helioporidae spp. <Blue corals>
(Includes only the species Heliopora
coerulea. Fossils are not subject to
the provisions of this Ordinance)
SCLERACTINIA
SCLERACTINIA spp. <Stony
corals> (Fossils are not subject to
the provisions of this Ordinance)
STOLONIFERA
Tubiporidae
Tubiporidae spp. <Organ-pipe
corals> (Fossils are not subject to
the provisions of this Ordinance)
CLASS HYDROZOA
<SEA FERNS, FIRE CORALS, STINGING MEDUSAE>
MILLEPORINA
Milleporidae
Milleporidae spp. <Fire corals>
(Fossils are not subject to the
provisions of this Ordinance)
STYLASTERINA
Stylasteridae
Stylasteridae spp. <Lace corals>
(Fossils are not subject to the
provisions of this Ordinance)
F L O R A <PLANTS>
AGAVACEAE
Agave parviflora <Santa Cruz
striped agave>
Agave victoriae-reginae#1 <Queen
agave>
Nolina interrata <Dehesa beargrass>
AMARYLLIDACEAE
Galanthus spp.#1 <Snowdrops>
Sternbergia spp.#1 <Daffodils,
sternbergias>
APOCYNACEAE
Hoodia spp. #9
Pachypodium spp.#1<Elephant’s
trunks> (Except the species included
in Appendix I)
Pachypodium ambongense
Pachypodium baronii
Pachypodium decaryi
Rauvolfia serpentina #2 <Snake-root
devil-pepper>
ARALIACEAE
Panax ginseng #3 <Ginseng> (Only
the population of the Russian
Federation; no other population is
included in the Appendices)
Panax quinquefolius #3 <American
ginseng>
ARAUCARIACEAE
Araucaria araucana <Chilean
pine, monkey puzzle>
BERBERIDACEAE
Podophyllum hexandrum
#2<Himilayan may-apple>
BROMELIACEAE
Tillandsia harrisii#1 <Harris’
tillandsia>
Tillandsia kammii #1 <Kamm’s
tillandsia>
Tillandsia kautskyi #1 <Kautsky’s
tillandsia>
Tillandsia mauryana #1 <Maury’s
tillandsia>
Tillandsia sprengeliana #1
<Sprengei’s tillandsia>
Tillandsia sucrei #1 <Sucre
tillandsia>
Tillandsia xerographica #1
<Xerographic tillandsia>
CACTACEAE
6
CACTACEAE spp. #4<Cacti>
(Except the species included in
Appendix I and except Pereskia
spp., Pereskiopsis spp. and
Quiabentia spp.)
Ariocarpus spp. <Living rock
cacti>
Astrophytum asterias <Star
cactus>
Aztekium ritteri <Aztec
cactus>
Coryphantha werdermannii
<Jabali pincushion cactus>
Discocactus spp.
<Discocacti>
Echinocereus ferreirianus
ssp. lindsayi <Lindsay’s
cactus>
Echinocereus schmollii
<Lamb’s-tail cactus>
Escobaria minima <Nellie’s
cory cactus>
Escobaria sneedii <Sneed’s
cory cactus>
Mammillaria pectinifera
Mammillaria solisioides
Melocactus conoideus
<Conelike Turk’s-cap cactus>
Melocactus deinacanthus
<Wonderfully-bristled
Turk’s-cap cactus>
Melocactus glaucescens
<Woolly waxy-stemmed
Turk’s-cap cactus>
Melocactus paucispinus
<Few-spined Turk’s-cap
cactus>
Obregonia denegrii
<Artichoke cactus>
Pachycereus militaris
<Grenadier’s cap>
Pediocactus bradyi <Brady’s
pincushion cactus>
Pediocactus knowltonii
<Knowlton’s cactus>
Pediocactus paradinei <Park
pincushion cactus>
Pediocactus peeblesianus
<Peeble’s Navajo cactus>
Pediocactus sileri <Siler’s
pincushion cactus>
Pelecyphora spp. <Hatchet
cacti>
Sclerocactus brevihamatus
ssp. tobuschii
Sclerocactus erectocentrus
Sclerocactus glaucus <Uinta
basin hookless cactus>
Sclerocactus mariposensis
<Lloyd’s mariposa cactus>
Sclerocactus mesae-verdae
<Mesa-verde cactus>
Sclerocactus nyensis
<Tonopah fishhook cactus>
Sclerocactus papyracanthus
<Paper-spine pincushion
cactus>
Sclerocactus pubispinus
Sclerocactus wrightiae
<Wright’s fishhook cactus>
Strombocactus spp.
Turbinicarpus spp.
<Turbinicarps>
Uebelmannia spp.
CARYOCARACEAE
Caryocar costaricense #1 <Costus>
COMPOSITAE (Asteraceae)
Saussurea costus <Costus
root>
CRASSULACEAE
Dudleya stolonifera <Laguna beach
liveforever>
Dudleya traskiae <Santa Barbara
Island liveforever>
CUPRESSACEAE
Fitzroya cupressoides
<Alerce>
Pilgerodendron uviferum
CYATHEACEAE
Cyathea spp. #1<Tree ferns>
CYCADACEAE
CYCADACEAE spp. #1 <Cycads>
(Except the species included in
Appendix I)
Cycas beddomei
DICKSONIACEAE
Cibotium barometz #1
Dicksonia spp. #1 <Tree ferns>
(Only the populations of the
Americas; no other population is
included in the Appendices)
DIDIEREACEAE
DIDIEREACEAE spp. #1
<Didiereas>
DIOSCOREACEAE
Dioscorea deltoidea #1 <Elephant’s
foot>
DROSERACEAE
Dionaea muscipula #1 <Venus
flytrap>
EUPHORBIACEAE
Euphorbia spp. #1 <Euphorbias,
spurges> (Succulent species only
except the species included in
Appendix I. Artificially propagated
specimens of cultivars of Euphorbia
trigona, artificially propagated
specimens of crested, fan-shaped or
colour mutants of Euphorbia lactea,
when grafted on artificially
propagated root stock of Euphorbia
neriifolia, and artificially propagated
specimens of cultivars of Euphorbia
‘Milii’ when they are traded in
shipments of 100 or more plants and
readily recognizable as artificially
propagated specimens, are not
subject to the provisions of this
Ordinance)
Euphorbia ambovombensis
Euphorbia
capsaintemariensis
Euphorbia cremersii
(Includes the forma viridifolia
and the var. rakotozafyi)
Euphorbia cylindrifolia
(Includes the ssp. tuberifera)
Euphorbia decaryi (Includes
the vars. ampanihyensis,
robinsonii and spirosticha)
Euphorbia francoisii
Euphorbia moratii (Includes
the vars. antsingiensis,
bemarahensis and multiflora)
Euphorbia parvicyathophora
Euphorbia quartziticola
Euphorbia tulearensis
FOUQUIERIACEAE
Fouquieria columnaris #1 <Boojum
tree>
Fouquieria fasciculata
Fouquieria purpusii
GNETACEAE
Gnetum montanum #1
<Gnetum> (Nepal)
JUGLANDACEAE
Oreomunnea pterocarpa #1
LEGUMINOSAE (Fabaceae)
Caesalpinia echinata #10 <Brazil
wood>
Dalbergia nigra <Brazilian
rosewood>
Dalbergia retusa #5
<Cocobolo> [Population
of Guatemala
(Guatemala)]
Dalbergia stevensonii
#5 <Rosewood>
[Population of
Guatemala (Guatemala)]
Dipteryx panamensis
(Costa Rica, Nicaragua)
Pericopsis elata #5 <African teak>
Platymiscium pleiostachyum #1
<Quira macawood>
Pterocarpus santalinus #7 <Red
sandalwood>
LILIACEAE
Aloe spp. #1 <Aloes> (Except the
species included in Appendix I. Also
excludes Aloe vera, also referenced
as Aloe barbadensis which is not
included in the Appendices)
Aloe albida
Aloe albiflora
Aloe alfredii
Aloe bakeri
Aloe bellatula
Aloe calcairophila
Aloe compressa (Includes the
vars. paucituberculata,
rugosquamosa and
schistophila)
Aloe delphinensis
Aloe descoingsii
Aloe fragilis
Aloe haworthioides (Includes
the var. aurantiaca)
Aloe helenae
Aloe laeta (Includes the var.
maniaensis)
Aloe parallelifolia
Aloe parvula
Aloe pillansii <Bastard quiver
tree>
Aloe polyphylla <Spiral aloe>
Aloe rauhii
Aloe suzannae
Aloe versicolor
Aloe vossii
MAGNOLIACEAE
Magnolia liliifera var.
obovata #1 (Nepal)
MELIACEAE
Cedrela odorata #5
<West Indian cedar>
[Population of Colombia
(Colombia)
Population of
Guatemala (Guatemala)
Population of Peru
(Peru)]
Swietenia humilis #1 <Mexican
mahogany>
Swietenia macrophylla #6 <Big-leaf
mahogany> (Populations of the
Neotropics)
Swietenia mahagoni #5 <American
mahogany>
NEPENTHACEAE
Nepenthes spp. #1 <Pitcher
plants> (Except the species
included in Appendix I)
Nepenthes khasiana <Indian
pitcher plant>
Nepenthes rajah <Kinabalu
pitcher plant>
ORCHIDACEAE
ORCHIDACEAE spp.7 #1
<Orchids> (Except the species
included in Appendix I)
(For all of the following
Appendix I species, seedling
or tissue cultures obtained in
vitro, in solid or liquid media,
transported in sterile
containers are not subject to
the provisions of this
Ordinance)
Aerangis ellisii
Dendrobium cruentum
Laelia jongheana
Laelia lobata
Paphiopedilum spp. <Slipper
orchids>
Peristeria elata <Holy ghost
orchid>
Phragmipedium spp. <Slipper
orchids>
Renanthera imschootiana
<Red vanda orchid>
OROBANCHACEAE
Cistanche deserticola #1 <Desertliving cistanche>
PALMAE (Arecaceae)
Beccariophoenix
madagascariensis #1
Chrysalidocarpus decipiens
<Butterfly palm>
Lemurophoenix halleuxii <Redlemur palm>
Marojejya darianii
Neodypsis decaryi #1 <Feather
palm>
Ravenea louvelii
Ravenea rivularis
Satranala decussilvae
Voanioala gerardii
PAPAVERACEAE
Meconopsis regia #1
<Himalayan poppy>
(Nepal)
PINACEAE
Abies guatemalensis
<Guatemalan fir>
PODOCARPACEAE
Podocarpus neriifolius #1
<Thitmin> (Nepal)
Podocarpus parlatorei
<Parlatore’s podocarp>
PORTULACACEAE
Anacampseros spp. #1
<Purselanes>
Avonia spp. #1
Lewisia serrata #1 <Saw-toothed
lewisia>
PRIMULACEAE
Cyclamen spp.8 #1 <Cyclamens>
PROTEACEAE
Orothamnus zeyheri #1 <Marsh
rose>
Protea odorata #1 <Ground-rose>
RANUNCULACEAE
Adonis vernalis #2 <Spring adonis,
yellow adonis>
Hydrastis canadensis #8
<Goldenseal>
ROSACEAE
Prunus africana #1 <African
cherry, red stinkwood>
RUBIACEAE
Balmea stormiae <Ayugue>
SARRACENIACEAE
Sarracenia spp. #1 <Pitcher
plants> (Except the species
included in Appendix I)
Sarracenia oreophila <Green
pitcher plant>
Sarracenia rubra ssp.
alabamensis
Sarracenia rubra ssp. jonesii
<Mountain sweet pitcher
plant>
SCROPHULARIACEAE
Picrorhiza kurrooa #2 <Picrorhiza,
kutki> (Excludes Picrorhiza
scrophulariiflora)
STANGERIACEAE
Bowenia spp. #1 <Cycads>
Stangeria eriopus
<Hottentot’s head>
TAXACEAE
Taxus chinensis and infraspecific
taxa of this species #2 <Chinese
yew>
Taxus cuspidata and infraspecific
9
taxa of this species #2 <Japanese
yew>
Taxus fuana and infraspecific taxa
of this species #2
Taxus sumatrana and infraspecific
taxa of this species #2
Taxus wallichiana #2 <Himalayan
yew>
THYMELAEACEAE (Aquilariaceae)
Aquilaria spp. #1 <Agarwood>
Gonystylus spp. #1 <Ramin>
Gyrinops spp. #1
TROCHODENDRACEAE (Tetracentraceae)
Tetracentron sinense #1
<Tetracentron> (Nepal)
VALERIANACEAE
Nardostachys grandiflora #2
<Jatamansi>
WELWITSCHIACEAE
Welwitschia mirabilis #1
<Welwitschia>
ZAMIACEAE
ZAMIACEAE spp. #1 <Cycads>
(Except the species included in
Appendix I)
Ceratozamia spp. <Cycads>
Chigua spp. <Cycads>
Encephalartos spp. <Bread
palms>
Microcycas calocoma <Palma
corcho>
ZINGIBERACEAE
Hedychium philippinense #1
<Philippine garland flower>
ZYGOPHYLLACEAE
Bulnesia sarmientoi #11
<Holy wood> (Argentina)
Guaiacum spp. #2 <Lignum-vitae>
1. Any specimen of the population of Argentina shall be treated as a specimen of an Appendix II
species only if it is imported, exported or re-exported as–
(a) wool sheared from live vicuñas;
(b) cloth made of such wool, the reverse side of which must bear the logotype adopted by the
range states of the species, which are signatories to the Convenio para la Conservación y
Manejo de la Vicuña, and the selvages the words “VICUÑA-ARGENTINA”; or
(c) a derived manufactured product or other handicraft artefact, and must bear a label
including the logotype and the designation “VICUÑA-ARGENTINA-ARTESANÍA”.
All other specimens shall be deemed to be specimens of species included in Appendix I and
the trade in them shall be regulated accordingly.
2. Any specimen of the population of Bolivia shall be treated as a specimen of an Appendix II species
only if it is imported, exported or re-exported as–
(a) wool sheared from live vicuñas;
(b) cloth made of such wool, the reverse side of which must bear the logotype adopted by the
range states of the species, which are signatories to the Convenio para la Conservación y
Manejo de la Vicuña, and the selvages the words “VICUÑA-BOLIVIA”; or
(c) an item made of such wool, including luxury handicrafts and knitted articles, and must
bear a label including the logotype and the designation “VICUÑA-BOLIVIA-ARTESANÍA”.
All other specimens shall be deemed to be specimens of species included in Appendix I and
the trade in them shall be regulated accordingly.
3. Any specimen of the population of Chile shall be treated as a specimen of an Appendix II species
only if it is imported, exported or re-exported as–
(a) wool sheared from live vicuñas;
(b) cloth made of such wool, the reverse side of which must bear the logotype adopted by the
range states of the species, which are signatories to the Convenio para la Conservación y
Manejo de la Vicuña, and the selvages the words “VICUÑA-CHILE”; or
(c) an item made of such wool, including luxury handicrafts and knitted articles, and must
bear a label including the logotype and the designation “VICUÑA-CHILE-ARTESANÍA”.
All other specimens shall be deemed to be specimens of species included in Appendix I and
the trade in them shall be regulated accordingly.
4. Any specimen of the population of Peru shall be treated as a specimen of an Appendix II species
only if it is imported, exported or re-exported as–
(a) wool sheared from live vicuñas and in the stock extant at the time of the ninth meeting of
the Conference of the Parties (November 1994) of 3249 kg of wool;
(b) cloth made of such wool, the reverse side of which must bear the logotype adopted by the
range states of the species, which are signatories to the Convenio para la Conservación y
Manejo de la Vicuña, and the selvages the words “VICUÑA-PERÚ”; or
(c) an item made of such wool, including luxury handicrafts and knitted articles, and must
bear a label including the logotype and the designation “VICUÑA-PERÚ-ARTESANÍA”.
All other specimens shall be deemed to be specimens of species included in Appendix I and
the trade in them shall be regulated accordingly.
5. Any specimen of the populations of Botswana, Namibia, South Africa and Zimbabwe shall be
treated as a specimen of an Appendix II species only if it is imported, exported or re-exported as–
(a) hunting trophies for non-commercial purposes;
(b) live animals to appropriate and acceptable destinations, as defined in Resolution Conf.
11.20, for Botswana and Zimbabwe and for in situ conservation programmes for Namibia and
South Africa;
(c) hides;
(d) hair;
(e) leather goods for commercial or non-commercial purposes for Botswana, Namibia and
South Africa and for non-commercial purposes for Zimbabwe;
(f) individually marked and certified ekipa incorporated in finished jewellery for noncommercial purposes for Namibia and ivory carvings for non-commercial purposes for
Zimbabwe; or
(g) registered raw ivory (whole tusks and pieces) subject to the following–
(i) only registered government-owned stocks, originating in the state
(excluding seized ivory and ivory of unknown origin);
(ii) only to trading partners that have been verified by the Secretariat, in
consultation with the Standing Committee under the Convention, to have
sufficient national legislation and domestic trade controls to ensure that the
imported ivory will not be re-exported and will be managed in accordance
with all requirements of Resolution Conf. 10.10 (Rev. CoP14) concerning
domestic manufacturing and trade;
(iii) not before the Secretariat has verified the prospective importing
countries, and the registered government-owned stocks;
(iv) raw ivory pursuant to the conditional sale of registered governmentowned ivory stocks agreed at CoP12, which are 20000 kg (Botswana), 10000
kg (Namibia) and 30000 kg (South Africa);
(v) in addition to the quantities agreed at CoP12, government-owned ivory
from Botswana, Namibia, South Africa and Zimbabwe registered by 31
January 2007 and verified by the Secretariat may be traded and despatched,
with the ivory in subparagraph (iv), in a single sale per destination under strict
supervision of the Secretariat;
(vi) the proceeds of the trade are used exclusively for elephant conservation
and community conservation and development programmes within or
adjacent to the elephant range; and
(vii) the additional quantities specified in subparagraph (v) shall be traded
only after the Standing Committee under the Convention has agreed that the
above conditions have been met.
On a proposal from the Secretariat, the Standing Committee under the Convention can decide to cause
this trade to cease partially or completely in the event of non-compliance by the place of import or
export, or in the case of proven detrimental impacts of the trade on other elephant populations.
All other specimens shall be deemed to be specimens of species included in Appendix I and the trade
in them shall be regulated accordingly.
6. Artificially propagated specimens of the following hybrids and/or cultivars are not subject to the
provisions of this Ordinance–
– Hatiora x graeseri
– Schlumbergera x buckleyi
– Schlumbergera russelliana x Schlumbergera truncata
– Schlumbergera orssichiana x Schlumbergera truncata
– Schlumbergera opuntioides x Schlumbergera truncata
– Schlumbergera truncata (cultivars)
– Cactaceae spp. colour mutants lacking chlorophyll, grafted on the following grafting
stocks: Harrisia ‘Jusbertii’, Hylocereus trigonus or Hylocereus undatus
– Opuntia microdasys (cultivars).
7. Artificially propagated specimens of hybrids of the genera Cymbidium, Dendrobium, Phalaenopsis
and Vanda are not subject to the provisions of this Ordinance when–
(a) the specimens are readily recognizable as artificially propagated and do not show
any signs of having been collected in the wild such as mechanical damage or strong
dehydration resulting from collection, irregular growth and heterogeneous size and
shape within a taxon and shipment, algae or other epiphyllous organisms adhering to
leaves, or damage by insects or other pests; and
(b) (i) the specimens are shipped in non-flowering state, the specimens must be traded
in shipments consisting of individual containers (such as cartons, boxes, crates or
individual shelves of CC-containers) each containing 20 or more plants of the same
hybrid; the plants within each container must exhibit a high degree of uniformity and
healthiness; and the shipment must be accompanied by documentation, such as an
invoice, which clearly states the number of plants of each hybrid; or
(ii) the specimens are shipped in flowering state, with at least one fully open flower
per specimen, no minimum number of specimens per shipment is required but
specimens must be professionally processed for commercial retail sale, e.g. labelled
with printed labels or packaged with printed packages indicating the name of the
hybrid and the place of final processing. This should be clearly visible and allow easy
verification.
Plants not clearly meeting the above criteria must be accompanied by appropriate Convention
certifying documents.
8. Unless imported, exported or re-exported as dormant tubers, artificially propagated specimens of
cultivars of Cyclamen persicum are not subject to the provisions of this Ordinance.
9. Artificially propagated hybrids and cultivars of Taxus cuspidata, live, in pots or other small
containers, each consignment being accompanied by a label or document stating the name of the taxon
or taxa and the text “artificially propagated”, are not subject to the provisions of this Ordinance.
( Part II replaced L.N. 4 of 2009)
SCHEDULE 2
FEES
[sections 23, 24,
48 & 52]
For the purposes of calculating any fee payable under sections 23 and 24—
(a) specimens imported, or introduced from the sea, in whatever
manner at one time and in one lot shall be treated as one shipment;
(b) specimens exported, or re-exported, in whatever manner at one time
and in one lot shall be treated as one shipment; and
(c) if a shipment contains one or more live animals and one or more
specimens other than live animals—
(i) both fees prescribed under paragraph 1 are payable in respect
of that shipment in the case of a licence for import; and
(ii) both fees prescribed under paragraph 2 are payable in
respect of that shipment in the case of a licence for introduction
from the sea.
1. Fee for each licence issued under section 23(1)(a) for the import of the following
contained in one shipment—
(a) one or more live animals (whether or not of the same species)
$460
.........................................
(b) one or more specimens (other than live animals and whether or not of the same
$170
species)
.....................................................................................................................................
2. Fee for each licence issued under section 23(1)(b) for the introduction from the sea
of the following contained in one shipment—
(a) one or more live animals (whether or not of the same species)
..........................................
(b) one or more specimens (other than live animals and whether or not of the same
species)
......................................................................................................................................
3. Fee for each licence issued under section 23(1)(c) for the export of one or more
specimens (whether or not of the same species) contained in one shipment
................................................
4. Fee for each licence issued under section 23(1)(d) for the re-export of one or more
specimens (whether or not of the same species) contained in one shipment
...............................................
5. Fee for each licence issued under section 23(1)(e) for the possession or control of
one or more specimens (whether or not of the same species) that are kept in the
same premises .................
6. Fee for extension, renewal or variation of a licence under section 24
.......................................
7. Fee for each re-export certificate issued under section 52
.......................................................
$460
$170
$160
$160
$160
$135
$260
SCHEDULE 3
CONVENTION INSTRUMENTS
[sections 2, 4, 19 &
48(1)]
This Schedule sets out, with or without modification, the relevant parts of Convention
instruments that have the force of law in Hong Kong.
PART 1
INTERPRETATION AND APPLICATION
I. "Hybrid animal" (雜交動物)
1. Hybrid animals that have in their recent lineage one or more specimens of species included
in Appendix I or Appendix II shall be subject to the provisions of this Ordinance just as if
they were full species, even if the hybrid concerned is not specifically included in the
Appendices.
2. If at least one of the animals in the recent lineage is of a species included in Appendix I, the
hybrids shall be treated as specimens of species included in Appendix I (and shall be eligible
for the exemptions of Article VII of the Convention when applicable).
3. If at least one of the animals in the recent lineage is of a species included in Appendix II,
and there are no specimens of an Appendix I species in such lineage, the hybrids shall be
treated as specimens of species included in Appendix II.
4. The words "recent lineage" shall generally be interpreted to refer to the previous four
generations of the lineage.
II. "Appropriate and acceptable destination"
(適當和可接受的目的地)
Where the term "appropriate and acceptable destination" appears in an annotation to the
listing of a species in Appendix II with reference to the export of or international trade in live
animals, this term shall be defined to mean a destination where the relevant authority of the
place of import is satisfied that the proposed recipient of a living specimen is suitably
equipped to house and care for it.
III. "Artificially propagated" (人工培植)
Regarding the definition of "artificially propagated"
1. The following definitions for terms are used—
(a) "under controlled conditions" means in a non-natural environment
that is intensively manipulated by human intervention for the purpose
of plant production. General characteristics of controlled conditions
may include but are not limited to tillage, fertilization, weed and pest
control, irrigation, or nursery operations such as potting, bedding or
protection from weather; and
(b) "cultivated parental stock" means the ensemble of plants grown
under controlled conditions that are used for reproduction, and which
must have been, to the satisfaction of the relevant authority of the
exporting place—
(i) established in accordance with the provisions of the
Convention and relevant domestic laws and in a manner not
detrimental to the survival of the species in the wild; and
(ii) maintained in sufficient quantities for propagation so as to
minimize or eliminate the need for augmentation from the wild,
with such augmentation occurring only as an exception and
limited to the amount necessary to maintain the vigour and
productivity of the cultivated parental stock.
2. The term "artificially propagated" shall be interpreted to refer to plant specimens—
(a) grown under controlled conditions; and
(b) grown from seeds, cuttings, divisions, callus tissues or other plant
tissues, spores or other propagules that either are exempt or have been
derived from cultivated parental stock.
3. Plants grown from cuttings or divisions shall be considered to be artificially propagated
only if the traded specimens do not contain any material collected from the wild.
4. An exception may be granted and specimens deemed to be artificially propagated if grown
from wild-collected seeds or spores only if, for the taxon involved—
(a) (i) establishment of a cultivated parental stock presents significant
difficulties in practice because specimens take a long time to reach
reproductive age, as for many tree species;
(ii) the seeds or spores are collected from the wild and grown
under controlled conditions within a range state, which must
also be the place of origin of the seeds or spores;
(iii) the relevant authority of that range state has determined that
the collection of seeds or spores was legal and consistent with
relevant domestic laws for the protection and conservation of
the species; and
(iv) the relevant authority of that range state has determined
that—
(A) collection of the seeds or spores was not detrimental
to the survival of the species in the wild; and
(B) allowing trade in such specimens has a positive
effect on the conservation of wild populations;
(b) at a minimum, to comply with subparagraph (a)(iv)(A) and (B)
above—
(i) collection of seeds or spores for this purpose is limited in
such a manner such as to allow regeneration of the wild
population;
(ii) a portion of the plants produced under such circumstances is
used to establish plantations to serve as cultivated parental stock
in the future and become an additional source of seeds or spores
and thus reduce or eliminate the need to collect seeds from the
wild; and
(iii) a portion of the plants produced under such circumstances
is used for replanting in the wild, to enhance recovery of
existing populations or to re-establish populations that have
been extirpated; and
(c) in the case of operations propagating Appendix I species for
commercial purposes under such conditions they are registered with the
Secretariat.
Regarding grafted plants
5. Grafted plants shall be recognized as artificially propagated only when both the root-stock
and the graft have been taken from specimens that have been artificially propagated and
grafted specimens consisting of taxa from different Appendices shall be treated as specimens
of the taxon included in the more restrictive Appendix.
Regarding hybrids
6. Hybrids shall be subject to the provisions of this Ordinance even though not specifically
included in the Appendices if one or both of their parents are of taxa included in the
Appendices, unless the hybrids are excluded by a specific annotation in Appendix II or
Appendix III.
7. Regarding artificially propagated hybrids—
(a) any plant species or other taxa listed in Appendix I shall be
annotated in accordance with Article XV of the Convention if the
provisions of this Ordinance relevant to Appendix I are to apply to
artificially propagated hybrids derived from such species or taxa;
(b) if a plant species or other taxon listed in Appendix I is annotated, an
export permit or re-export certificate shall be required for trade in
specimens of all artificially propagated hybrids derived from it; but
(c) artificially propagated hybrids derived from one or more
unannotated Appendix I species or other taxa shall be treated as being
included in Appendix II and entitled therefore to all exemptions
applicable to artificially propagated specimens of species listed in
Appendix II.
Regarding flasked seedlings of Appendix I orchids
8. Flasked seedlings of orchid species listed in Appendix I obtained in vitro, in solid or liquid
media, and transported in sterile containers, shall not be considered as specimens of a
scheduled species for the purposes of this Ordinance if they have been artificially propagated.
IV. "Bred in captivity" (圈養繁殖)
Regarding terminology
1. For specimens of animal species bred in captivity—
(a) "first-generation offspring (F1)" are specimens produced in a
controlled environment from parents at least one of which was
conceived in or taken from the wild;
(b) "offspring of second generation (F2) or subsequent generation (F3,
F4, etc.)" are specimens produced in a controlled environment from
parents that were also produced in a controlled environment;
(c) the "breeding stock" of an operation means the ensemble of the
animals in the operation that are used for reproduction;
(d) "a controlled environment" is an environment that is manipulated
for the purpose of producing animals of a particular species, that has
boundaries designed to prevent animals, eggs or gametes of the species
from entering or leaving the controlled environment, and the general
characteristics of which may include but are not limited to: artificial
housing; waste removal; health care; protection from predators; and
artificially supplied food.
Regarding the term "bred in captivity"
2. The definition provided below shall apply to the specimens bred in captivity of species
included in the Appendices, whether or not they were bred for commercial purposes.
3. The term "bred in captivity" shall be interpreted to refer only to specimens born or
otherwise produced in a controlled environment, and shall apply only if—
(a) the parents mated or gametes were otherwise transferred in a
controlled environment, if reproduction is sexual, or the parents were in
a controlled environment when development of the offspring began, if
reproduction is asexual; and
(b) the breeding stock, to the satisfaction of the competent government
authorities of the exporting place—
(i) was established in accordance with the provisions of the
Convention and relevant domestic laws and in a manner not
detrimental to the survival of the species in the wild;
(ii) is maintained without the introduction of specimens from
the wild, except for the occasional addition of animals, eggs or
gametes, in accordance with the provisions of the Convention
and relevant domestic laws and in a manner not detrimental to
the survival of the species in the wild—
(A) to prevent or alleviate deleterious inbreeding, with
the magnitude of such addition determined by the need
for new genetic material; or
(B) to dispose of confiscated animals; or
(C) exceptionally, for use as breeding stock; and
(iii) has produced offspring of second generation (F2) or
subsequent generation (F3, F4, etc.) in a controlled
environment; or is managed in a manner that has been
demonstrated to be capable of reliably producing secondgeneration offspring in a controlled environment.
Regarding marking of specimens of Appendix I
species bred in captivity
4. A specimen bred in captivity shall be marked in accordance with the provisions on marking
in the Resolutions adopted by the Conference of the Parties and the type and number of the
mark shall be indicated on any Convention certifying document issued in respect of the
specimen.
V. "Readily recognizable part or derivative"
(可輕易地識別的部分或衍生物)
1. The term "readily recognizable part or derivative" shall be interpreted to include any
specimen which appears from an accompanying document, the packaging or a mark or label,
or from any other circumstances, to be a part or derivative of an animal or plant of a species
included in the Appendices, unless such part or derivative is specifically exempted from the
provisions of this Ordinance.
2. Coral sand and coral fragments shall not be considered as specimens of a scheduled species
for the purposes of this Ordinance.
3. In this Schedule—
(a) "coral sand" means coral material not identifiable to the level of
genus and consisting entirely or in part of finely crushed fragments of
dead coral no larger than 2 mm in diameter and which may also
contain, amongst other things, the remains of Foraminifera, mollusc
and crustacean shell, and coralline algae;
(b) "coral fragments" means unconsolidated fragments of broken
finger-like dead coral and other coral material between 2 and 30 mm in
diameter, which are not identifiable to the level of genus;
(c) "coral rock" means hard consolidated coral material not identifiable
to the level of genus but identifiable to the level of order, larger than 3
cm in diameter, formed of fragments of dead coral and which may also
contain cemented sand, coralline algae and other sedimentary rocks,
and includes live rock and substrate, but does not include dead coral;
(d) "live rock" means pieces of coral rock to which are attached live
specimens of invertebrate species and coralline algae not included in
the Appendices and which are transported moist, but not in water, in
crates;
(e) "substrate" means pieces of coral rock to which are attached
invertebrates (of species not included in the Appendices) and which are
transported in water like live corals;
(f) "dead coral" means pieces of coral identifiable to the level of
species or genus, which are dead when exported, but which may have
been alive when collected, and in which the structure of corallites (the
skeleton of the individual polyp) is still intact;
(g) "live coral" means pieces of coral identifiable to the level of species
or genus, which are alive and transported in water.
PART 2
PERMITS AND CERTIFICATES
Regarding standardization of permits and certificates
issued under the Convention
1. To fulfil the requirements of Article VI of the Convention and relevant Resolutions, export
and import permits, re-export and pre-Convention certificates, certificates of origin and
certificates of captive breeding and artificial propagation (except where phytosanitary
certificates are used for this purpose) shall include all the information specified in the Annex.
2. Every form shall be printed in one or more of the working languages of the Convention
(English, Spanish, French) and in the national language if it is not one of the working
languages.
Regarding export permits and re-export certificates
3. A re-export certificate shall also specify—
(a) the place of origin, the number of the export permit of the place of
origin and its date of issue; and
(b) the place of last re-export, the number of the re-export certificate of
that place and its date of issue,
or if the case arises—
(c) justification for the omission of any of the aforementioned
information.
4. Subject to paragraph 12 of this Part, the provisions of Article III, paragraph 3, Article IV,
paragraph 4, Article V, paragraph 3, and Article VI, paragraph 2, of the Convention shall be
understood to mean that an export permit or re-export certificate shall be valid for a period of
no more than 6 months from the date on which it was granted and that it shall not be accepted
to authorize export, re-export or import except during the period of validity.
Regarding pre-Convention certificates
5. A pre-Convention certificate shall also specify—
(a) that the specimen covered by the certificate is pre-Convention; and
(b) the date of acquisition of the specimen.
6. For the purposes of determining whether a specimen was acquired before the provisions of
the Convention applied to the specimen ("pre-Convention")—
(a) the date from which the provisions of the Convention apply to a
specimen shall be the date on which the species concerned was first
included in the Appendices to the Convention; and
(b) the date on which a specimen is acquired shall be considered as the
date the specimen was known to be either—
(i) removed from the wild; or
(ii) born in captivity or artificially propagated in a controlled
environment; or
(iii) if such date is unknown or cannot be proved, any
subsequent and provable date on which it was first possessed by
a person.
7. All pre-Convention certificates shall include either the precise date of acquisition of the
specimens concerned or a certification that the specimens were acquired before a specific
date, in accordance with paragraph 6(b) above.
Regarding certificates of origin
8. The provisions of Article V, paragraph 3, of the Convention shall be understood to mean
that a certificate of origin shall be valid for a period of not more than 12 months from the date
on which it was granted, and that it shall not be accepted to authorize export or import except
during the period of validity.
Regarding phytosanitary certificates
9. A phytosanitary certificate used as a certificate of artificial propagation in accordance with
Article VII, paragraph 5, of the Convention for the purpose of the export of an artificially
propagated specimen of an Appendix II species shall include the scientific name of the
species and the type and quantity of the specimens covered by the certificate, and bear a
stamp, seal or other specific indication stating that the specimens are artificially propagated.
10. Phytosanitary certificates shall be used exclusively for the purpose of export from the
place of artificial propagation of the specimens concerned.
Regarding permits and certificates for coral specimens
11. On permits and certificates for trade in specimens of coral rock, where the genus cannot
be readily determined, the scientific name for the specimens shall be "Scleractinia".
Regarding permits and certificates for timber species included
in Appendix II and Appendix III with the annotation
"Designates logs, sawn wood and veneer sheets"
12. The validity of the export permit or re-export certificate may be extended beyond the
normal maximum of 6 months after the date of issue, on the condition that—
(a) the shipment has arrived in a place of import before the date of
expiration indicated on the permit or certificate and is being held in
Customs bond (i.e. is not considered as imported);
(b) the time extension does not exceed 6 months from the date of
expiration of the permit or certificate and no previous extension has
been granted;
(c) the appropriate enforcement personnel of the place of import who
extended the validity of the permit or certificate has included the date
of arrival in that place and the new date of expiration in the box relating
to special conditions, or an equivalent place, on the permit or
certificate, certifying the modification with an official stamp or seal
and signature;
(d) the shipment is to be imported into another place for consumption
from the place of import before the new date of expiration; and
(e) a copy of the permit or certificate as amended in accordance with
subparagraph (c) above is sent to the relevant authority of the place of
export or re-export, allowing it to amend its annual report, and to the
Secretariat.
Regarding retrospective issue of permits and
certificates
13. A permit or certificate issued retrospectively shall not be accepted unless it was issued in
accordance with the requirements concerning the retrospective issue of documents under the
Convention or any Convention instrument.
Regarding acceptance and clearance of documents
and security measures
14. Where a permit or certificate has been altered (by rubbing out, scratching out, etc.),
modified or crossed out, the alteration, modification or crossing-out shall be authenticated by
the stamp and signature of the relevant authority issuing the document.
15. Where a security stamp is affixed to a permit or certificate, the security stamp shall be
cancelled by the stamp or seal and signature of the relevant authority issuing the document.
16. Permits and certificates shall indicate the scientific name of the species concerned
(including subspecies when appropriate), except in the case where—
(a) the Conference of the Parties has agreed that the use of higher taxon
names is acceptable;
(b) the relevant authority issuing the permit or certificate can show it is
well justified and has communicated the justification to the Secretariat;
(c) certain manufactured products contain pre-Convention specimens
that cannot be identified to the species level; or
(d) worked skins or pieces thereof of Tupinambis species that were
imported before 1 August 2000 are being re-exported, in which case it
is sufficient to use the indication Tupinambis spp.
Regarding documents for sample collection covered by
ATA (which means "temporary admission") carnets
17. For the purpose of the procedure described in paragraphs below, the term "sample
collection" refer to collections of legally acquired dead specimens, parts and derivatives of
species included in Appendix II or Appendix III and of Appendix I species bred in captivity
or artificially propagated, which are treated as Appendix II specimens, which are not entitled
to be sold or otherwise transferred, and that will cross borders for presentation purposes
before returning to the place from which such movement was first authorized.
18. Such sample collections shall be considered as "in transit" and entitled to the special
provisions stipulated in Article VII, paragraph 1, of the Convention on the following
conditions—
(a) a sample collection shall be covered by an ATA carnet and be
accompanied by a document, on which it shall be indicated that the
document is a permit or certificate either for "export" or "re-export", as
appropriate, and/or "other" and, in addition, it shall be clearly specified
that the document is issued for a "sample collection";
(b) it shall be specified in an appropriate place of the document that
"This document covers a sample collection and is invalid unless
accompanied by a valid ATA carnet. The specimen(s) covered by this
certificate may not be sold or otherwise transferred whilst outside the
territory of the place that issued this document." The number of the
accompanying ATA carnet shall be recorded;
(c) the name and address (including the country) of the importer and
the exporter or re-exporter shall be identical, and in an appropriate
place of the document the names of the places to be visited shall be
indicated;
(d) the date of expiry of such a document shall not be later than that of
the ATA carnet accompanying it and the period of validity shall not be
more than 6 months from the date on which it was granted.
19. Such a permit or certificate shall not be transferable and when, during a stay in a place, it
is lost, stolen or accidentally destroyed, only the relevant authority that issued it may issue a
duplicate. This duplicate will bear the same number, if possible, and the same date of validity
as the original document, and contain the following statement: "This document is a true copy
of the original" or state that it replaces the original bearing the number XX.
20. If specimens in the collection are stolen, destroyed or lost, the owner of the collection
shall inform the relevant authority issuing the document and the relevant authority of the
place in which that matter occurred as soon as practicable.
Regarding permits and certificates issued by the
state not party to the Convention
21. Permits and certificates issued by states not party to the Convention shall contain—
(a) the name, stamp and signature of a competent issuing authority;
(b) sufficient identification of the species concerned for the purposes of
the Convention;
(c) certification of the origin of the specimen concerned including the
export permit number from the place of origin, or justification for
omitting such certification;
(d) in the case of export of specimens of a species included in
Appendix I or Appendix II, certification to the effect that the competent
scientific institution has advised that the export will not be detrimental
to the survival of the species (in case of doubt a copy of such advice
shall be required) and that the specimens were not obtained in
contravention of the laws of the place of export;
(e) in the case of re-export, certification to the effect that the competent
authority of the place of origin has issued an export document that
substantially meets the requirements of Article VI of the Convention;
(f) in the case of export or re-export of live specimens, certification to
the effect that they will be transported in a manner that will minimize
the risk of injury, damage to health or cruel treatment.
22. Documentation from states not party to the Convention shall only be accepted if details of
the competent authorities and scientific institutions of such states are included in the most
recent updated list of the Secretariat or after consultation with the Secretariat.
ANNEX TO PART 2
PERMITS AND CERTIFICATES
Information that shall be included in permits and certificates
issued under the Convention
(a) The full name and the logo of the Convention
(b) The complete name and address of the relevant authority issuing the permit
(c) A unique control number
(d) The complete names and addresses of the exporter and importer
(e) The scientific name of the species to which the specimens belong (or the subspecies when
it is relevant in order to determine in which Appendix the taxon concerned is included) in
accordance with the adopted standard nomenclature
(f) The description of the specimens, in one of the Convention's 3 working languages, using
the nomenclature of specimens distributed by the Secretariat
(g) In the case of an export permit, the numbers of the marks appearing on the specimens if
they are marked or if the Conference of the Parties prescribes marking (specimens from
ranches, subject to quotas approved by the Conference of the Parties, originating from
operations which breed animals included in Appendix I in captivity for commercial purposes,
etc.)
(h) The Appendix in which the species or subspecies or population is listed
(i) The source of the specimens
(j) The quantity of specimens and, if appropriate, the unit of measure used
(k) The date of issue and the date of expiry
(l) The name of the signatory and his or her signature
(m) The embossed seal or ink stamp of the relevant authority
(n) In the case of a certificate of origin, a statement that the specimens originate in the place
that issued the certificate.
PART 3
REQUIREMENTS RELATING TO EXEMPTION FOR NON-COMMERCIAL
LOAN, DONATION OR EXCHANGE OF MUSEUM AND
HERBARIUM SPECIMENS
For the purposes of implementing the exemption for scientific exchange in Article VII,
paragraph 6, of the Convention, the requirement that herbarium specimens, preserved, dried
or embedded museum specimens, frozen museum specimens, duplicate herbarium specimens
or live plant material or the container used to transport such specimens carry a label issued or
approved by a relevant authority shall be met if the label—
(a) bears the acronym "CITES";
(b) identifies the contents as herbarium specimens, preserved, dried or
embedded museum specimens, frozen museum specimens, duplicate
herbarium specimens or live plant material for scientific study; and
(c) sets out the name and address of the sending institution and the
codes of the exporting and importing institutions over the signature of a
responsible officer of that registered scientific institution.
Download
Related flashcards
Crime

22 Cards

Law enforcement

20 Cards

Criminology

31 Cards

Crimes

36 Cards

Create flashcards